Permanent Patent
The patent Act, 1970 govern the registration and protection of patent in India. The patent protects for Novel and original inventions similar to machines, processes, manufacture, the composition of matter, and its improvement. The Permanent patent applications, represent formal submissions to the Indian patent office for examination and potential grant of a patent. Unlike provisional applications, complete patent applications require formal claims and a detailed description of the invention, including any necessary drawings. In the context of Patent Application India, these submissions undergo rigorous examination processes to assess the novelty, non-obviousness, and utility of the invention. Upon successful examination and fulfillment of patentability criteria, a patent may be granted, providing inventors with exclusive rights to their inventions within India for a specified period.
What is a permanent patent
A permanent patent, often just called a “patent,” grant an inventor exclusive rights to make, use, sell, and distribute their invention for a set period. A permanent patent verifies that the patented innovation fully protected under the nation’s legal framework or legislature. In the legal system where most systems accept the right to stop or infringement of abatement, the right developed via the patent is enforced.
Duration And Requirements
Under section 53 of the Indian patent Act, 1970, a patent is granted for a period of 20 years from the date of filing the application. Typical duration is 20 years form the filing date for utility and plant patents, and 15 years from the grant date for design patents. Thia provides a “permanent” exclusivity for the duration but must be maintained through periodic fess.
Requirements:- Novelty:The invention must be new.
- Non- obviousness: It must show an inventive step not obvious to someone skilled in the field
- Usefulness: It should have a practical application.
Benefits of Having a Patent
Having a patent provides several key benefits, A patent gives you the right to stop
others from copying, manufacturing, selling or importing your invention without your
permission.
You get a protection for a pre-determined period, allowing you to keep competitors at
bay
- Patent provides Legal Protection
Patent provide legal protection for an invention, granting the inventor exclusive right to use, manufacturing, sell, and license the invention for a specific period-typically 20 years form the filing date. This protection prevents others from making, using, or selling the patented invitation without permission, offering the inventor an opportunity to recover research and development costs and gain a competitive edge In exchange, the inventor must fully disclose the invention in the patent application, adding to the public’s knowledge. - Right to sue for infringement:
The right to sue for patent infringement typically belongs to the patent holder, who has the exclusive rights to use, sell, and the license the invention without permission, the patent holder can file a lawsuit against them for infringement. The patent holder can seek remedies such as an injunction to stop the infringing activity, damages for losses, or a reasonable royalty. In some jurisdictions, if the patent holder has licensed the patent, the licensee may also have standing to sue, depending on the terms of the license agreement. - Source of income:
The patent rights can be licensed for royalty or can be sold out to third party which can be proved to be source of income generation for patent holder - Duration of Protection:
Patent protection generally lasts 20 years from the filing date, provided renewal fees are paid. After expiration, the invention enters the public domain.
Patent registration process
- Check Patentability –The registration process of patent started with the patent search. Check that the invention is not already registered” published” to verify its patentability. It should be patentable as per the patent Act, 1970
- Drafting patent Application -There are two types of patent applications first one is
the provisional patent application and second one is complete patent Application.
For every patent application, there is compulsorily required to file Form 2 that is for
a patent specification. While drafting patent application following clauses should be
include:
1.Usability and nature of invention.
2.Description of invention in detail.
3.Describe the future scope and function of invention.
4.Title of Invention.
5.Novel feature of invention.
6.Abstract of invention.
Filing of Patent Application
Application for patent can be filed by self or through patent agent professional. Along with through patent application, the following is required to be filed.
- Conduct a patent search:Check if similar patents already exit to ensure your invention is unique.
- Prepare a patent application:Draft the application with a complete description of the invention, claims, drawings {if needed}, and an abstract. This part is crucial as it defines the scope of your invention and what will protected.
- File the application with the patent office: Submit your application to the appropriate patent office, depending on where protection is sought. You may file it electronically, in person, or via mail.
- Pay the required Fees:This includes application fees and any additional fees like examination or maintenance fees, which vary by office.
- Wait for patent Examination: The patent office reviews the application, conducting its own search and examination of claims. Examination may request more information or make objections.
- Respond to office Action:If there are objections or rejections, you need to respond with clarification or amendments.
- Patent Grant or Rejection:If the examiner is satisfied, the patent is granted. Otherwise, the application may be rejected, in which case you can appeal or amend the application.
- Maintenance Fees:For granted patents, regular maintenance fees must be paid to keep the patent valid over its term.
Key Updates in India Patent Laws [ Patents Amendments Rules, 2024}
- Faster Patent Examination:Request for Examination [ RFE] timeline reduced from 48 months to 31 months.
- Simplified Procedures:Form 3 filing now required only after receiving the First Examination Report [ FER].
- Inventor Recognition: Certificates of inventorship introduced to credit inventors directly.
- Ease in Compliance: Working statement filing reduced to once every three years.
- Efficient Opposition:Adjusted timelines for pre- grant and post- grant oppositions to streamline the process.
CONCLUSION
A patent grants exclusive rights for a limited period, typically 20 years. After expiration, the invention enters the public domain, promoting innovation and public access.
FAQ:
- What is permanent patent?
A permanent patent, commonly known as utility patent, provide long- term protection to inventors for new and useful invention, processes, machines, or compositions of matter. It grants the patent holder exclusive rights to prevent others from making, using, selling, or distributing the invention without permission. - How long does a permanent patent last?
In most jurisdictions, a utility patent last for 20 years from the date of filing. Provided that maintenance fees are paid. - What can be patented under a utility patent?
You can patent inventions that are:
New: The invention must not have been disclosed publicly before the filing.
Useful: It must have a practical application.
Non- obvious: It must involve an inventive step not obvious to someone skilled in the field - What is not eligible for a utility patent?
o Abstract ideas or theories
o Natural phenomena or laws of nature
o Mathematical formulas
o Artistic work or software as such
o Inventions already known or publicly disclosed. - How do I apply for a permanent patent?
o Conduct a patent search to ensure the invention is new.
o Draft a detailed patent application with claims, specifications, and drawings.
o File the application with the patent office.
