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WHY PATENTS ARE IMPORTANT FOR DEVELOPMENT?| Understanding International Patent Classification (IPC)|World Intellectual Property Organization

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Patent Filing in India

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Understanding International Patent Classification (IPC) with Examples|World Intellectual Property Organization

Manually curated list of patents granted in different technology domains on 7 march 2014 by indian patent office ipo| Patents granted by indian patent office ipo from Prity Khastgir, Patent Attorney India Intellectual Property Law Firm IPR India

 

Importance of Patents

A patent right is one of the forms of intellectual property rights (IPR) protection that enables innovators and inventors to prevent other third party entities from making use of their ideas. Patents are of prime importance for the individual inventor whose rights are protected and for the growth of the economy.

Patent laws can ensure that no one is able to take unfair advantage of the research work and ideas of other inventors. Patents can help to ensure that technology based businesses and individuals research work to create new innovations, can help to provide an important boost for the economy growth.

By protecting a new  research idea for a process/ method or product, patents make it possible for individual inventors and businesses to protect their work and time investments. Without the help of this kind of IP protection, it would not be worthwhile for people to invest large amounts of money in novel inventions since they would not be able to prevent their competitors from immediately making use of their invention.

International Patent Filing in India FAQ

Does an International Patent Application filed under Patent Cooperation Treaty (PCT) designating India be treated as a patent application for grant of patent under the Indian Patent 1970 Act?

Yes, an international patent application filed under Patent Cooperation Treaty (PCT) designating India shall be treated as a patent application for patent under the Indian Patent Act if filed within 31 months from the earliest priority date of the patent application before the Indian Patent Office.

Will filing a patent application under PCT grant worldwide patent protection?

No, the Patent Cooperation Treaty (PCT) patent application doesn’t provide universal or worldwide protection for a claimed invention. The international patent application only provides interim way out to extend the time line for filing the patent application in other foreign countries. The time available under Paris Convention for securing priority of the patent application in other countries is 12 months from the date of initial filing. Under the Patent Cooperation Treaty (PCT), the time available could be as much as minimum 20 and maximum 31 months in case of India. Moreover, a patent inventor is also benefited by the international search report prepared under the PCT system to be sure that the claimed patent invention is novel and non-obvious to a person skilled in the art. The patent inventor can also select for preliminary examination before filing in other foreign countries to be very positive about the patentability of the claimed invention.

Required Details and Patent forms for filing of Patent Application in India | National Phase Patent Filing in India (PCT)

  1. Complete Patent Specification including patent claims (Patent Form 1, Patent Form 2, Patent Form 3 and Patent Form 5)
  2. Patent Drawings (if any)
  3. Patent Priority Documents
  4. Patent Abstract
  5. International Search Report (ISR)
  6. International Preliminary Examination Report
  7. WIPO Patent Publication
  8. Power of Attorney

To read more on Filling International Patent Application under National Phase in India before Indian Patent Office: Click Here

To read more on Prior Art Searching in India: Click Here

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Disclaimer

Tech Corp Legal LLP presents a summary of patent specifications with associated drawings for journalistic news purposes as each such patent application is disclosed by the Indian Patent Office in the official patent journal. Full text of any patent specification should be read in its entirety for full and accurate details by downloading the patent specification from the Indian Patent Office website. Tech Corp Legal LLP is no way associated with the above mentioned company/individual(s) in any manner whatsoever. About Comments: Tech Corp Legal LLP reserves the right to post, dismiss or edit comments.

 

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