Licencing & Registrations -Patent Right Registration

Do you know what is Patent ?

 

A Patent is an exclusive right granted for an invention by the Government for a limited period of time, for excluding others from making, using, selling, importing the patented product without his consent.

 

The term of every patent granted is 20 years from the date of filing of application.

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However, for application filed under national phase under Patent Cooperation Treaty (PCT),the term of patent will be 20 years from the international filing date accorded under PCT.

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When can you get patent registered ?

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An invention is patentable subject matter if :

• It is novel

• inventive step, or it must be non-obvious

capable of Industrial application

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Do you get any rights ?

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A patentee enjoys the exclusive right to make and use the patented invention. The patentee also has the right to assign the patent, grant licences, or otherwise deal with the patent, for any consideration.

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Do I need to cautious about the filing of patent ?

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The fees payable with respect to the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable are specified in the First Schedule.

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An additional fee of 10% is payable when the applications for patent and other documents are filed physically.

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The fees payable under the Act or rules may be paid at the appropriate office either in cash, or through electronic means, or may be sent by bank draft, or banker‘s cheque. The amount is payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller.

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Where a fee is payable with respect to a document, the entire fee shall accompany the document.

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In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant with the request for transfer.

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In case an application by a small entity is fully or partly transferred to a person other that a natural person, the difference, if any, between the fee shall be paid by the new applicant with the request for transfer.

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In case an application processed by a start-up is fully or partly transferred to any person other than a natural person or a start-up, the difference, if any, can be charged from a start-up and such person to whom the application is transferred. In short this shall be paid by the new applicant along with the request for transfer:

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Explanation:  Where the start-up ceases to be a start-up after having filed an application for patent due to lapse of more than five years from the date of its incorporation or registration or the turnover subsequently crosses the financial threshold limit as defined, no such difference in the scale of fees shall be payable.

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Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not:

Exception: If the Controller is satisfied that during the online filing process, the fee was paid more than once for the same, the excess fee shall be refunded.

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A refund is initiated only if an applicant withdraws his request for examination before the first statement of objection is issued. Please note that this refund is only to the extent prescribed in the First Schedule.

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Any person may deposit money in advance and request the Controller to realize any fee payable by him from the said deposit.

Subject to the approval of the Controller, any person may discontinue the deposit of money in advance and in such case the balance, if any, shall be refunded.