Registration of Patents in India

  • Parth Kumar
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  • Parth Kumar

    Student at Marathwada Mitra Mandal's. Shankarrao Chavan Law College, Pune, India

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Abstract

This article provides a comprehensive guide to the registration of patents in India, covering the legal framework, procedural requirements, and practical considerations for inventors and businesses. Beginning with an overview of the types of patents recognized in India, including utility, design, and plant patents, the article delves into the essential prerequisites for patent registration, such as novelty, inventive step, and industrial applicability. The patent application process is outlined step by step, from conducting a patent search and preparing the application to filing, examination, publication, and grant. Additionally, the article explores the maintenance obligations associated with patents, including payment of renewal fees and the requirement for working the patent in India. Enforcement mechanisms for patent rights, including civil and criminal remedies for infringement, are also discussed. By offering practical insights and guidance, this article aims to empower inventors and innovators to navigate the complexities of the patent registration process in India effectively, thereby safeguarding their intellectual property rights and fostering innovation and economic growth.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 39 - 42

DOI: https://doij.org/10.10000/IJLMH.116995

Creative Commons

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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