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What is a Patent
A Patent protects invention of the patentee and excludes others from making, using, selling, importing the patented product or process for producing the patented product/process except with the consent of Patentee. Petent will be granted if it is new, involving inventive step and capable of industrial application. However, it must not fall into the categories of inventions that are non- patentable under Section 3 and 4 of the Act.
TYPE OF PATENT
PROCESS OF REGISTRATION
TERM OF PATENT
Term of every patent in India is 20 years from the date of filing of patent application. However, in case of applications filed under PCT the term of 20 years begins from International filing date.
SECRECY OF PATENT
All the patent applications are kept secret up to 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office
However, following applications are not published.
A) Application in which secrecy direction is imposed
B) Application which has been abandoned u/s 9(1) and
C) Application which has been withdrawn 3 months prior to 18 months.
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