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Home » Patent Law
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Patent Law
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Patent law throughout the world aims at encouragement and development of new technology and industry. The Indian patent law has its roots in the English patent system. There are different theories on which the patent system is based, but the basic theory speaks of encouraging invention and research, inducing inventor to disclose the secrets for the public use, offering reward for expenses and providing an opportunity to invest in a line which may not appear profitable if many competitors embarked on them simultaneously. These are the basic advantages which are obtained by filing a patent application under the patent law. The patent law guarantees certain definite reward to the inventor of the invention. Infringement of patent is properly protected when a patent gets registered under the patent law. But patent law is very technical, confusing and complicated. Drafting of patent application requires skill, intelligence and experience. If a particular application is not in a manner as required by the patent law, the same may be rejected.
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Patent involves a lot of technicalities and complexities which should be handled with utmost care. Dates play a very vital role for prosecution and execution of patent application in a proper manner. For e.g. a national phase application has to be filed within 30 months in most of the countries (31 months in India), the request for first examination has to be applied within 48 months from the priority date and when any examination report is issued by the Examiner of patents a reply is supposed to be filed within one year from that period. Apart from this, hearing pertaining to patent application cannot be handled unless the patent agent handling the same is well versed with law, science and technology. A patent application can be signed only by a patent agent, thus it is our professional advice to get the patent application executed and prosecuted through a law firm since all the talented, skilled and reputed lawyers/ patent agents are associated with big law firms.
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