Permanent Patent

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Permanent Patent

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What is Permanent Patent Application?

The permanent patent is an exclusive legal right of an inventor, giving him/her the legal authority to prohibit others from making or using a particular invention. This right vest in the patent for 20 years, after which the invention comes into the public domain so that the invention is open for others to use. The 20-year validity is set for motivating people into inventing more or making additions to their invention. The patent holder has the right to sue anyone who infringes the patent and decides on who to sell, assign, or license the said patent.

Benefits of Patent Registration

Documents required for filing a Permanent Patent Application

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What is not Patentable in India?

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Frequently Asked Questions

The patent filing is important to possess exclusive rights over the invention. If one doesn’t protect it under the law, anyone can exploit it commercially once it becomes available to the public. To restrict others from utilizing, selling, or making copies the inventor must apply for a permanent patent.

If you are an employee, then usually all the intellectual property generated during your course of employment would belong to the organization or the company you are working for. If there has been no such agreement you can apply for the patent in your own name.

No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application online or offline.

An invention needs to have these three main qualities to be patentable:
i) Novelty – invention should be new; and
ii) Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique; and
iii) Industrial utility / Usefulness – it should not be a mere prototype but rather should be working and has to have some use.

Filing the provisional specification is an optional step, if you already have complete information about your invention, then you can directly go for complete specification, there is no requirement to file the provisional application for patent.

A patent filed in India is valid only in India. To register a patent in other countries, separate patents should be filed in the respective countries. No patent is global.

1. The patent expires if it has lived its full term i.e. 20 years
2. The patentee fails to pay the annual renewal fee.
3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
4. The patent is revoked.

A patent rarely has any value if the commercial worth of the product or technology cannot be demonstrated and exploited. Therefore, a person has to see the utility and demand for the invention in the market before he/she files for a patent, they can make money from their patent by claiming royalties, selling, or license their patented invention.

No, the mentioned charges only include professional fees and 18% GST, any government fees for filing provisional patent / complete specification has to be paid by the client, at the time of submitting the application.

Yes, in case the claims in the permanent application extend more than 10 in number, an additional fee would be levied as per the fee structure table given under the first schedule of The Patent Act 1970.

Both the certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.

Government charges for a physical application are higher than online application to promote green initiative.

No there is no such automatic report generated by the registry applicant needs to file for a request for examination for the patent file in order to expedite the process. The period for making such request is of 48 months from the date of filing of the final application or priority whichever is earlier

One can check the status of his/her application on here.

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Call us at: 1800 313 4151 or Email us: support@legalwiz.in

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Permanent Patent

Secure exclusive rights over your invention with Patent Registration
Get Started