11-11-2014, 04:15 PM
A patent is a legal property right granted by states and governments of the owner of an invention for a specified period. The invention can be a product or a process that provides a new technical solution to a problem or a new method of doing things or a technical improvement on how certain objects work etc. A patent gives the right to the patent holder / patentee or inventor to prevent others from making, using, selling or distributing his invention. In the patent, no other make use of the invention, without the right of the patent holder.
Patent law also patent rights is the area of copyright law and provides protection for anyone who has created an original idea. If someone tries to use the patented idea illegally enter the process of litigation patent holder might take against the patent laws. When a patent application is granted, the patent holder to exclude others from making, using, offering for sale or selling the invention without his. If a patent holder feel that their rights have been violated, so they can make use of patent law to enforce their rights. But to pursue this type of litigation can be expensive and very complicated. The patent owner must pay for civil litigation and advice, even if they can get any costs back if they win their case. Here comes the importance of hiring a patent attorney or agent.
Patent, patent laws and patent varies between countries. In India patent durations of the 20 years from the filing of the patent application. Patentee has patent renew every year by paying the annual fee, payable annually or in lump sums. When given patent expires after 20 years, the invention becomes public property and will be available for public use free of charge by private assertion of ownership.
To protect patents, the patentee employs highly trained and experienced professionals named patent attorney or patent agent who can provide updated advice on patent laws. Patent attorneys are specialized legal professional where as Patent agents are non-lawyer professionals registered to practice before the Indian patent office.
How patent granted
After filing the application for grant of patent, requires a request for examination is made for the examination of the application of the Indian Patent Office (IPO). After the first examination report is issued, the applicant is given an opportunity to meet objections in the report. The applicant must meet the requirements of 12 months from the issuance of the first examination report. If the requirements of the first examination reports are not observed during the 12 months, the program has been abandoned by the applicant. After removal of objections and compliance requirements, patent granted and notified in the Patent Office Journal.
Indian Institute of Patent and Trademark Attorney (IIPTA), Delhi
C / o Mabbit Communications Private Limited G - 85, Preet Vihar,
Main Vikas Marg, Delhi 110 092
Indian Institute of Patent and Trademark Attorney (IIPTA), Hyderabad
C / o Mabbit Communications Private Limited Dress No. 202, third floor MJ Towers, 8-2-698,
Road # 12, NBT Nagasaki, Banjara Hills, Hyderabad, Andhra Pradesh 500034
Office of the Controller General of Patents, Design and Trademarks (CGPDTM) under the Ministry of Commerce and Industry is located in Mumbai. The head office of the Patent Office is Kolkata and branch offices in Chennai, New Delhi and Mumbai. Office of Patent Information System (PIS) at Nagpur. Making general of patents, designs and trademarks monitors the working of Patents Act 1970, as amended.
The office of the controller general of patents, designs and trademarks,
Bhoudhik Sampada Bhavan
Antop Hill, Romagna Road, Mumbai-400 037,
Phone: 022-24132735, Fax: 022-24123322
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