When A Country Gives An Exclusive Right To The Owner Of The Invention To Make Use Market And Manufacture The Invention As Long As The Invention Complies With The Conditions As Mentioned In The Law.
WHAT IS EXCLUSIVE RIGHT?
Here the exclusive right means No one can make, use, market and manufacture the invention without the prior approval or consent of the Patent Holder.
IS THE PATENT RIGHT EXCLUSIVE ALL OVER THE COUNTRY?
No, this right is territorial in nature,therefore patent holder has to file a separate Patent application in countries of their interest along with the fees.
HOW LONG THIS RIGHT IS AVAILABLE?
The right is available only for a limited period of time which is 20 years only.
DOES PATENT AFFECTED BY OTHER LAWS ALSO?
Yes, the use or exploitation of a Patent may be affected by other laws also like; health, safety, security, food etc….
CAN A PATENT RIGHT BE ASSIGNED?
As a Patent is a property right in the law, hence can be assigned, gifted, inherited, sold or licensed.
CAN A PATENT BE REVOKED OR SURRENDERED?
Yes, a patent right can be surrendered or revoked any time by the Patentee. As per the law patentee is entitled to offer to surrender his patent by giving a notice to the Controller.
CAN A PATENT BE REVOKED BY ANY PERSON OTHER THAN THE PATENT HOLDER?
Patent can be revoked by any person including government by filing an application. Provide the grounds for revocation must be covered under section of the act.
WHAT IS EXCLUSIVE RIGHT?
Here the exclusive right means No one can make, use, market and manufacture the invention without the prior approval or consent of the Patent Holder.
IS THE PATENT RIGHT EXCLUSIVE ALL OVER THE COUNTRY?
No, this right is territorial in nature,therefore patent holder has to file a separate Patent application in countries of their interest along with the fees.
HOW LONG THIS RIGHT IS AVAILABLE?
The right is available only for a limited period of time which is 20 years only.
DOES PATENT AFFECTED BY OTHER LAWS ALSO?
Yes, the use or exploitation of a Patent may be affected by other laws also like; health, safety, security, food etc….
CAN A PATENT RIGHT BE ASSIGNED?
As a Patent is a property right in the law, hence can be assigned, gifted, inherited, sold or licensed.
CAN A PATENT BE REVOKED OR SURRENDERED?
Yes, a patent right can be surrendered or revoked any time by the Patentee. As per the law patentee is entitled to offer to surrender his patent by giving a notice to the Controller.
CAN A PATENT BE REVOKED BY ANY PERSON OTHER THAN THE PATENT HOLDER?
Patent can be revoked by any person including government by filing an application. Provide the grounds for revocation must be covered under section of the act.
SALIENT FEATURES
- Patent right is territorial in nature.
- It is for the limited time period.
- This right can be assigned, sold or gifted.
- It gives an exclusive right to the holder.
- Right is conferred by the state.
- The right can be renewed.
- For Patent registration in India, an application shall be file online from the native place of the applicant or its agent.
- For E-filing, applicant/agent must have a digital signature
- Agent must have created login id and password on the Patent office portal.
- On receipt of an application, the Office accords a date and serial number to it.
- All the documents along with the application should be digitalized, verified, screened and uploaded to the internal server of the office.
- Once the a[plication is filed the controller shall examine the application that whether the application and other documents thereto are in accordance with the requirements of the act and of and of any rules made there under.
- Section 43 of the act provides that where an application for a patent registration has been found in order and either the application has not been refused by the controller by virtue of any power vested in him; the Patent shall be granted to the applicant as expeditious as possible to the applicant/agent.
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