GLOBAL LAW ASSOCIATES (P.) Ltd.
Intellectual Property Law Practices
P.O.Box: 57, Putalisadak,
www.globallawnp.com
PATENT
FILING IN
LEGISATION
PATENT, DESIGN AND
TRADEMARKS ACT, 1965
MEMBERSHIP
WIPO ESTABLISHING CONVENTION (
TRIPS
·
Any person, willing to have rights on any patent, has to register
such patent under the Patent Design and Trademark Act.
·
Any patent registered in the name of any person shall not be
copied use used or property.
·
Ownership of a patent can be transferred in any way to any person
as movable property.
·
If any body does or attempt to do so or encourage doing any work
against these rights of patentee may be punished with a fine by order of the
Department and all the materials related with such offence shall be
confiscated.
REQUIREMENTS FOR FILING
1. A power of
attorney signed by the applicant sealed and attested by two witnesses.
2. An application form executed as above.
3. Notarized copy of specification and claims including the nature of invention
in the English language.
4. Home Country Filing Receipt/Priority Claims Details in English Notarized by
Notary Public in the case of priority claim.
5. The certified copy of home country registration certificate patent along
authenticated translation in the English language by a Notary public there of (It
can be submitted later on).
PRIORTY CLAIM
PATENT SEARCH
A Patent search can be conducted by making a formal request with the search
fee. The search result with detailed report can be obtained within 7 working
days from the date of request.
·
If it has already been registered in the name of other.
·
If the patent asked to be registered is not invented by the
applicant himself and he has not acquired the right from the inventor.
·
If the patent asked to be registered is found to cause adverse
effects on health, conduct or morale or people in general or in the national
interest.
·
If it violates any prevailing laws of
EXAMINATION
OF PATENT APPLICATION
·
The Department upon submission of a patent application examine the
invention whether it is new or not, it is useful to the people in general or
not
·
If it deems necessary , The Department takes the advice of experts
in the related field
·
Basically, the Department follow the principle of Novelty,
Industrial applicability and inventive step to examine
·
If the Department found the patent application is patentable after
examination provide certificates to the applicant
·
Applicant shall pay a registration fee as prescribed in schedule.
PUBLICATION
OF REGISTERED PATENT
·
The Department shall publish all patents, except those to be kept
secret for national interest in journal.
·
Anybody willing to see or take a copy of the statement, drawing or
sketch of a patent published in journal may see or take a copy of such patent
document on payment of a fee as prescribed.
·
If any body has any complaint upon any patent, he may lodge such
complaints to the Department within thirty-five days from the date on which the
patent is seen or a copy of such patent document is taken.
·
Upon receipt of the complaint, the Department takes necessary
action through an investigation.
·
Patentee shall have his right on the patent for a period of seven
years from the date of registration.
·
The patentee shall renew the patent within 35 days from the date
of expiry having paid the fee mention in schedule.
·
Renewal of a patent may be made for two further terms of each term
of seven years.
·
If renewal is maintained the patent protection is available for 21
years from the date of registration.
PATENT
FILING PROCEDURES- Flow Chart
Filing
an Application
Checking Formalities and if
completed
Send to the Technical Committee for Examination
Examination by
Technical Committee Objection
Notice of Objection
Response
Filed
Response Accepted
Response Rejected
PATENT COMMITTEE Petition to Patent
Committee
GRANT REJECT
REGISTRATION
For 7 years Period Appeal
to Appellate Court
Renewal
for further
two terms Publication in
each period
of 7 years
For obtaining the fee
schedule and copies of the required documents for filing a Patent Application
in