Life Cycle of a Patent in India

  • Vinamra Mathur
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  • Vinamra Mathur

    Student in India

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Abstract

In India, any invention relating to a product or a process that is new, involves an inventive step (Invention of own), and is capable of industrial application can be patented in India. In order to be granted a patent in India, the invention must be novel and have an inventive step. The Patent law of India specifies conditions for inventors to get protection for their creations. In general, any invention relating to a product or process which is new and has industrial application can be patented in India. However, if the invention is merely an improvement of an existing product or process, then it cannot be patented in India under Indian Patents Act 1970. The lifespan of a Patent in India is not more than 20 years. After patent expiration, the invention becomes freely available to everyone. Any person who is a citizen of India or other countries can apply for a patent in India. However, if the applicant is not an Indian citizen, then he/she must have an establishment in India and should be registered as a patentee under the Indian Patents Act 1970. If an application for a Patent is filed by an individual, then it must be signed by him/her personally. Therefore, this paper compromises the Application process for Patents and the Stages that are faced by it in its lifecycle. Along with it, this contains the types of Patents that can be filed in India and their respective regulations. This paper also describes the procedure for filing a patent application in India and explains how to make an invention or creation protected by Indian law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 825 - 829

DOI: https://doij.org/10.10000/IJLMH.113824

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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