Importance of Patent law: let's discuss

A patent is a prerogative granted by the govt to the inventor to exclude others to use, manufacture, and sell an invention during a specific period of your time. A patent is additionally available for improvement in their previous Invention. it's a monopoly granted to the inventor for allowing the utilization of the invention within the open market. the most motto behind grating jurisprudence to inventory in order that they will bring innovation on their product which can't be employed by others.

Why is jurisprudence important?

Patent law is extremely important because it promotes the innovation of technology. It encourages research and development by protecting the rights of the innovators. jurisprudence is extremely important because it promotes the innovation of technology. It encourages research and development by protecting the rights of the innovators.

How long is a patent valid in India?

Initially, the patent was granted for a shorter duration on medicine or drug substances. In 2005, a replacement law has been formed that the patent validity for 20 years for all substances. The term of the patent begins from the date of application of the patent. After 20 years of monopoly, the patent is open for public use, and therefore the inventor does not hold the monopoly over the rights of manufacture, distribution, or an equivalent kind. A patent is valid for 20 years but a patentee has got to renew a patent per annum by paying the renewal fee, which may be paid in payment also.

Procedure of Patent

Step 1: write on inventions (idea or concept) with each and each detail.

Collect all information about your Invention such as:

Field of Invention

What does the Invention describe

How does it work

Benefits of Invention

If you worked on the Invention and through the research and development phase, you ought to have some call lab records which are duly signed with the date by you and therefore the concerned authority.

Step 2: It must involve a diagram, drawing, and a sketch that explains the Invention

Drawings and drawings should be designed in order that the visual work is often better explained with the invention work. They play a crucial role in patent applications.

Step 3: to see whether the Invention may be a patentable subject or not.

Not all inventions are often patentable, as per the Indian Patent Act there are some inventions that haven't been declared patentable

Step 4: Patent Discovery

The next step is going to be to seek out out if your Invention meets all patent criteria as per the Indian Patent Act-

Step 5: File application

If you're at a really early stage in research and development for your invention, then you'll choose a provisional application. It offers the subsequent benefits:

After filing a provisional application, you secure the filing date, which is extremely important within the patent world. You get 12 months to return up with the entire specification; your application is going to be removed at the top of 12 months.

When you have completed the specified documents and your research work is at A level where you'll have prototypes and experimental results to prove your inventive move; you'll file the entire specification with the application.

Filing the provisional specification is an optional step if you're within the stage where you've got complete knowledge about your Invention you'll go straight to the complete specification.

Step 6: Publication of the appliance

Upon filing the entire specification alongside the appliance for the patent, the appliance is published 18 months after the primary filing.

Step 7: Request for Examination

The application is scrutinized only after receiving an invitation for an RFE examination. After receiving this request, The controller gives your application to a patent examiner who examines the application like the varied patent eligibility criteria:

The examiner makes the primary examination report of the application upon a review for the above conditions. this is often called patent prosecution. Everything that happens for an application before the grant of a patent is typically called patent prosecution.

The first examination report submitted to the Controller by the examiner usually includes prior art (existing documents before the filing date) that are almost like the claimed invention and are additionally reported to the patent applicant.

Step 8: Answer the objections

Most patent applicants will receive some sort of objections supported by the examination report. the simplest thing is to research the examination report with the patent professional (patent agent) and react to the objections within the examination report.

Step 9: clearance of objections

The Controller and therefore the reform the patent applicant are connected for ensuring that each one objection raised regarding the invention or application are resolved and the inventor features a sporting chance to prove his point and establish novelty and inventive steps on other existing arts.

Upon receiving an application so as for a grant, it's the primary grant for a patent applicant.

Step 10:

Once all patent requirements are met, the appliance is going to be placed for the grant. The grant of a patent is notified within the Patent Journal, which is published periodically.

Final Word

Patents can provide great value and increased returns to individuals and corporations on the investment made in developing new technology.

For a consultation or any assistance associated with Corporate law like merger and acquisition, expansion of business, employment, and labour law and law related to the company.

you can contact Adv. Anupam Agarwal. Adv. Anupam Agarwal has quite 18 years of experience in variabilities of Corporate law.

Mobile: 97406 45762

Email: anupam@rslegal.in

Ramniwas Surajmal is a leading Full-fledged law firm having offices in Bangalore. With an aim to provide valued, practical, and strategic legal solutions to help clients achieve their expectations,