Patent Trademark Registration
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Patent Registration

According to Indian patent Act, 1970 and the rules and regulation governing patent system through out the world, a patent can be obtained only for a single invention which is new and useful. In order to register a patent the captioned invention must relate to a machine, articles or substance produced by manufacture or by the process of manufacture. It s also to be noted that patent may also be obtained for any improvement in article or process of article. As far as medicines or drug are concerned patent cannot be obtained for the product but a process of manufacturing the substance is patentable. The applicant for a patent must be true and first inventor or a person to whom title has been assigned by the inventor. If the patent has been assigned to someone than it must clearly specify the limits of monopoly. The invention in respect of which the patent is claimed must be unique and must not be obvious with those who are skilled in the art to which it relates. Thus an application for patent is considered for registration when all the requisite criteria are fulfilled as laid down by the rules and regulation governing patent laws.

Patent Registration Process


There are different types of patent application such as National phase application, divisional application, patent of addition and convention application. The procedures to register these applications are different in different countries. A national phase application is filed within 30 months from the date of priority in most of the countries being part of patent cooperation treaty, however in India the due date is 31 months. Patent of addition can be filed at any time before the grant of patent. As far as convention application is concerned it has to be filed within 12 months from the date it has been filed in convention country to get the benefit of priority. Divisional application is filed when an application speaks of two inventions, but it is filed at the discretion of the inventor. An application for patent may be made by any person who claims to be the true inventor, assignee or legal representative of the deceased. Thus the time period and examination process of patent application in different countries is different but the procedure is one and the same.

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