Any novel invention having inventive step and capable of industrial application is considered to be eligible for grant of a patent as per the Patents Act, 1970. The exclusive statutory right granted to a natural person including start-up or a legal entity including Micro, Small and Medium Size Enterprises (MSMEs), confers on the owner, the right to exclude others from using/exploiting/importing the patented process or product in question.
The application for a patent can be made through the online medium which also permits submitting all pertinent documents and forms online. It can be filed by an individual or authorized Patent Agents.
Patent Offices in India: There are four patent offices in India in Kolkata Delhi, Mumbai and Chennai while the appellate authority i.e. Intellectual Property Appellate Board (IPAB) is located at Chennai.
Patent Filing: The patent request can be filed, in accordance with the Patents Act, 1970 and the Rules made there under with the any of the four patent offices depending upon the jurisdiction as defined in Rule 4 of the Patents Rule 2003. The application can be filed as:
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