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A patent grants the inventor exclusive rights to their invention for a limited time. In exchange for sharing the invention details publicly, the government prevents others from making, using, selling, or importing the invention without permission.
New and inventive products or processes can be patented, as long as they have industrial applications. However, some inventions are excluded by sections 3 and 4 of the Patents Act.
An invention can be patented if it meets these criteria:
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A patent application can be filed either by the true and first inventor or his assignee, either alone or jointly with any other person. However, the legal representative of any deceased person can also make an application for a patent.
Yes, India has four patent offices located at Kolkata, New Delhi, Mumbai and Chennai. Each office has a separate territorial jurisdiction. The appropriate office for all proceedings including filing of the application depends normally where the applicant/first mentioned applicant resides/has domicile/has place of business/has origin of invention. In case of foreign applicants, it depends on the address for service in India given by such applicant.
A request for restoration of patent can be filed within 18 months from the date of cessation of patent along with the prescribed fee. After receipt of the request the matter is notified in the official journal for further processing of the request.