How to get Patent Protection in India?- In simple terms, it is a property, but an intellectual property (IP) – a protected innovation, which belongs to you solely. It ensures creations and changes to existing innovations. This IP is yours to use for your own purpose, in case others desire to use your property; they would have to pay a royalty. Another provision provided is that you can sell the IP to another person or party at certain amount.
In legal terms, A patent is an intellectual property right (IPR) relating to an invention (product or a process); it is a grant of an exclusive right for the intellectual property for certain duration of time granted by the government to the patentee in return of full disclosure of the invention to the public and for restricting others from exploiting, making, utilizing, selling, importing any IP or IP used in manufacturing of the item.
Subject matter leading to an Invention
It can be an item or a process that provides solution for the problem. Likewise, it can be a new methodology for performing or conducting a task, the synthesis of another item, or advancement in conducting a task. Generally, a protection term is of 20 years from the date of filing the patent application only if the patent renewal and its maintenance fees are paid regularly. Therefore, a patent is a monopoly right which offers exclusivity to the patentee to fully utilize and exploit the creation for a long time after which it public can make use of the protection invention.
A patent is a combination of art and science: Critical aspects to consider while composing a patent application
- Must Include entire scope of the invention
- Must Include every possible claims
- A counter balance is maintained between the vast range of possible protection and avoiding any invalidity claims due to existing prior art.
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Also Read: Patenting An Idea: Possible or Not?