Patent Registration Service
Meaning of Patent
A patent can be defined as a form of intellectual property that grants the right to its owner to expel others from using, making, selling or importing the invention for a definite span of time, in exchange of releasing a sanctioning public acknowledgement of the creation.
In simple words, a patent is a secured invention or the special right given to an inventor by a government to manufacture, sell or use the invention for a defined number of years.
Patent Registration in
In India, patent registration is applicable either with provisional or complete specification. It is a preliminary step where an applicant files the patent application where he/she feels that the invention has turned to reach such a stage wherein it can be disclosed on paper but has not attained its final stage. It is an option to secure and temporarily protect their invention in an inexpensive way until they decide to file the full patent application or an application with complete specification.
Provisional Patent
Provisional Patent has a pendency period of 12 months from the date of filling after which the inventor is required to file a complete specification in order to take advantage of provisional specifications. If the inventor fails to file the complete specification within the period of 12 months the patent application with provisional specification is deemed to be abandoned.
Points to be covered while Drafting Provisional Specification
- It should contain the title as well as the description of the invention
- It should start with a preamble “The following specification describes the invention”
- The second page should begin with the description of the invention beginning with the field of invention, background, object and statement of invention
- The applicant must provide as much as information which he/she may have at the time of filing of the application.
- Claims are not recorded under the provisional specification; they are covered under complete specification
Criteria For Patent Registration
In India, Patent laws are governed by the Indian Patent Act, 1970 which looks after the registration, renewal, transfer, and protection of patents in India. Following criteria must be fulfilled in order to identify the patentable article:-
- Patentable subject matter which is decided in accordance with section 3 or 4 of the Patent Act List
- A novelty which means it should be a new invention with no same or similar prior arts.& it should not have been published in a public domain
- The step taken for registration must be an inventive step not obvious to a person skilled in the same file to which such invention relates.
- The invention must have a practical utility which means it should be capable of being applied in any industry.
- Claims are not recorded under the provisional specification; they are covered under complete specification
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