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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 key requirements:
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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 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.