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Patents grant inventors exclusive rights to their inventions for a limited time. In exchange for sharing invention details publicly, the government prevents others from making, using, selling, or importing the invention without permission. This protects your invention and allows you to profit from it commercially for a set period.
New and inventive products or processes can be patented, as long as they have industrial applications. This means they can be produced or used in an industry. However, some inventions are excluded by sections 3 and 4 of the Patents Act.
An invention meets the criteria for a permanent patent if it has these key features:
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It is not necessary to visit the patent office to file the application as an online filing facility is provided. Only in case the application is required to be filed offline, the same can be filed physically at the counter of the Office. Moreover, all the communications with the office are made through emails. However, hearing proceedings relating to patent application can be attended with prior appointment on any working day during prosecution stage.
A patent application can be filed with the Indian Patent Office either with provisional specification or with complete specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the provisional application. There is no further extension of time to file complete specification after expiry of said period.
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.