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Patent Registration in India


A patent is legal monopoly granted by a statue of a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.
The original word ‘patent’ has come up from the latin term ‘patere’, which means ‘to lay open’ or ‘available for public usage’. Sometimes it is also related to the term ‘letters patent‘, which marks to the royal decree granting exclusive rights to patentee. Unlike copyright, patent registration is not granted on giving mere suggestion or idea. An idea of mere manufacturing machine does not comes under the purview of obtaining patent registration in India.
Patent Registration in India are useful in preventing your competitors from exploiting your invention. You can force your competitors to design around your invention (if that is possible) which can cost them time and money. It may put you in a stronger position with other companies who have Patents in which you are interested. Customers are often impressed by ‘Patented Technology’ so patenting can have a positive role to play in your marketing strategy. Patents are often a good ‘keep off the grass’ warning to other businesses. Many competitors are now more aware of Patents and the consequences of being found to be infringing a Patent.
Patent Registration in India gives the patentee the exclusive right to make or use the patented article or use the patented process. He can prevent all others from making or using the patented process. A patentee has also the right to assign the patent, grant licenses under, or otherwise deal with it for any consideration. These rights created by statute are circumscribed by various conditions and limitations.


What can be Patented?

Almost every kind of applied technology can be patented as long as it is novel, useful, and non-obvious. This includes processes, machines, manufactures, and compositions of matter.
However, there are some inventions which are not patentable even if they are new, useful, and non-obvious. These non-patentable inventions include but are not limited to theories, ideas, scientific principles, plans of actions, methods of doing business, and naturally occurring substances. Also, immoral or injurious inventions are not patentable.


To be patentable an invention must:


Be new Рin the sense that it has never been made public before by anyone else. (The date of application for a patent establishes a claim to be the inventor, even if someone else has developed the same invention in private.)


Involve an inventive step – meaning that the invention could not have been an obvious step to someone else who had a good understanding and experience of the field.


Be capable of industrial application Рthe invention must be a practical piece of apparatus or device, a new material or substance (a new material or drug, for example), or a new process or method of operation.



There are exclusions.

An invention is not patentable if it is:

a discovery

a scientific theory or mathematical method

an aesthetic creation such as a literary, dramatic or artistic work a scheme or method for performing a mental act, playing a game or doing business the presentation of information, or a computer program.

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