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Let us understand the Procedural Aspects of Patent

               

 

This refers to the grants from the government that provides you exclusive rights over your invention for a specific amount of time, in exchange for full disclosure.

 

So, let us know the Procedural Aspects of Patent:

 

Who Can File A Patent Application?

 

An application for a patent for an invention can be generated by any of the following persons either alone or jointly with another:

 

  • true and first inventor
  • his /her legal assignee
  • legal representative of departed inventor or assignee

Foreign Filing License:

 

No person resident in India shall, except under the authority of the written permit can register any application outside India for the grant of a patent unless:

 

  • An application for a patent for the same invention has been made in India not less than 6 weeks before the application is registered outside India, and
  • Either no secrecy direction has been given under Section 35(1) in relation to the application in India or all such directions have been canceled.

A request for foreign filing license may be registered on prescribed form with detailed description of the invention and the drawings, if any, and the prescribed fee.

 

Publication:

 

Every application is usually published after the expiry of 18 months period form the date of filing of the application or the date of preference of the application whichever is earlier.

 

The applicant can request publication of his application prior to the normal period under a request through an advised form and fee.

 

The early publication regulation however does not apply if:

 

  • Secrecy directions are charged under Section 35 of the Act.
  • Application has been abandoned below Section 9(1) of the Act.
  • The applicant has withdrawn his application three months prior to the expiry of said advised period of 18 months.

Early publication can result in advancement of substantive inspection of application and in early grant. Also, early publication is beneficial for acquiring provisional preservation in cases where the applicant foreshadows infringement.

 

Patent registration online in India is very easy if you choose BDS Legal. They will help you in getting your documents prepared online. They make the process easy and successful with zero risk and help you with Patent registration services with simple and easy process.

Source: http://bdslegalserv.com/services/patent.html