Chandrakant M. Joshi & Attorneys
Chandrakant M. Joshi & Attorneys
Patent is the Right of exclusivity given to inventor of technology
– The Patent Act, 1970
– The Patent Rules, 2003
– Encouragement of innovation
– Legal protection
– Strategic business advantage
Partner with India’s trusted IP attorneys to secure and maximize the value of your innovations and brand assets.
1. What is a patent?
A patent is a statutory right granted by the government that gives an inventor exclusive rights to prevent others from making, using, selling, or importing an invention for a limited period. Patents are granted only for inventions that are new, involve an inventive step, and are capable of industrial application.
2. When should a patent application be filed?
A patent application should be filed as early as possible. Any delay may result in loss of priority, especially if a third party files an application for the same invention earlier.
3. Why are patents important?
Patents encourage innovation by allowing inventors to commercially exploit their inventions for 20 years from the filing date, subject to payment of annual fees. In return, the inventor must fully disclose the invention, after which it enters the public domain upon expiry.
4. What inventions are patentable?
An invention is patentable if it meets three key criteria: it must be novel, involve an inventive step (non-obvious to a skilled person), and be useful or capable of industrial application.
5. What is not patentable?
Certain inventions may be excluded from patentability under national laws, including those that offend public order or morality, even if they otherwise meet patentability requirements.