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trademark registration in india

Registration of Patents 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 registration of patents in India.

Registration of Patents 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.

Registration of Patents 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:

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