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What is a PATENT?

Updated: Jul 23, 2021


The Patent is an intellectual right.

But, what exactly it is?

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.

In India, patents can, depending on their priority argument, be categorized into three groups,

  • Ordinary patent application: Ordinary patent requests with provisional or full specifications can be filed in India. Furthermore, the fact that it does not claim a preference from any other application is distinctive from other patents. The specification is a declaration of technical disclosure allowing the normal qualified person to carry out an invention. Moreover, it starts with the name of the invention and includes the invention area, state of the art, invention purpose, overview, comprehensive invention description, sketches, and statements, along with a summary of the invention. The abstract contains a short description. Further, the full specification must be preceded within 12 months by a provisional submission.

  • Conventional patent application: In India, the priority of a convention application shall be asserted and shall be filed with a complete specification within 12 months from the priority date.

  • PCT national phase patent application: PCT’s National Step Patent Request must lodge with India in accordance with the complete English requirements after a PCT application that file at WIPO and within 31 months of the priority date. In the course of 31 months from the date of earliest priority, or within 3 months after a request made by the controller, the English translation of the priority documents should be filed. Further, if WIPO does not issue PCT/IB/304, the certified copy must be filed with priorities within 31 months of the earliest priority date.

Four patent offices in India, in New Delhi, Mumbai, Chennai, and Kolkata and the application must be submitted depending on territorial jurisdiction and where the applicant is located. Additionally, the application shall be submitted before a patent office in which the agent/attorney for the applicant resides in the territorial jurisdiction of the international applicant is present.

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