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Patent Registration in India

 

The patent is the act, which grants to the inventor, the right of exploiting its object exclusively, during a determined period of time.


It is the tool through which the development of new technologies is stimulated once it insures the inventor's and the investor's exploitation rights.


The patent is the right which grants use exclusivity of its object, such right being incorporated to the assets of a company, for instance, helping it to define market strategies to hit the public target.


For a patent right to be granted, some requirements must be fulfilled: Industrial applicability, inventive act and novelty in relation to the technological knowledge already disclosed.


As result of the creative effort in the technical field, the inventor who holds the document called "Patent Letter" has the temporary exploitation monopoly of his creation, assuring for himself a sort of market reserve.


Who can apply for a patent?
Everyone who has developed a product, a manufacturing process or even an improvement in any known product and/or process is able to apply for patent protection before the BRPTO.


Kinds of patents
There are two kinds of patents: The Invention Patent and The Utility Model.


The law does not define the invention patent, it only states that is possible to object of patent he invention that fulfills the requirements of novelty, inventive act and industrial applicability.


As a general rule, any an all products or manufacturing processes developed in the most different areas of knowledge, can be protected as an invention patent, since it bears a substantial innovation in relation to what is known in the art and since it contributes to the economical development of the Country.


The Utility Model is defined by the Law as "every object of practical utilization or its part, subject to industrial application, which presents a new form or disposition, involving an inventive act that results in functional enhancement of its utilization or in its manufacturing.


"The patent classification according to one of the above mentioned types takes place at the moment of its filing, depending on the features of the invention which are intended to be protected.


Holder's Rights
As well as in the trademarks, the patent application holder will have it's rights recognized only after the application is thoroughly examined by the BRPTO.


Once granted, said right is materialized by the expedition of the patent letter, where is stated that the privilege claimed belongs to the inventor an/or the holder.


The patent letter grants to its holder the exclusive right of exploring the object patented within the national territory as long as its validity permits.


The extent of said protection shall be determined by the content of the claims, which is interpreted based on the specifications and the drawings (if applicable this last one).


The patent holder shall also have the right to prevent non-authorized third parties from producing and trading the product object of the patent protection a/or the process or product obtained directly of the patented process.


It is also insured to the patent holder the right to claim for damages derived from the undue exploring of its object, including over the commercial exploration occurred between the patent application publication date and its definitive granting.


Patents validity
The INVENTION PATENT shall remain in force for 20 (twenty) years counted from its filing date.The UTILITY MODEL shall remain in force for 15 (fifteen) years counted from its filing date.

Invention made by employees or contracted personnel

 

The patent

 

1. Shall belongs exclusively to the Employer

 

when the invention derives from an employment agreement, which performance takes place in Brazil and has as finality the research or the inventive activity, or consists in the result of the nature of the service for which the employee was hired.

 

NOTE: Except proved otherwise, it is considered developed during the enforceability of the labor agreement, the invention or the utility model, which application is filed by the employee up to 1 (one) year after the termination of the labor bond.

 

2. Shall belongs exclusively to the Employee

 

The invention developed by the employee, since it happened apart of the labor bond and without the utilization of the means provided by the employer.

 

3. Shall belongs in equal parts to the Employer and to the Employee, Being shared the ownership of the invention

 

when the invention derives from the personal contribution of the employee added to the resources, data, means, material, installations and/or equipment of the employer. Except for express provision otherwise.

 

Necessary documents for making application for Patent Registration in India

 

A. ORDINARY APPLICATION

 

1. Name, Address and Nationality of applicant(s)


2. Name, Address and Nationality of inventor(s)


3. Complete Specification [or provisional specification if Provisional Application needs to     be filed]


4. Description, Claims, Abstract & Drawings, if any

 

5. Details of all corresponding foreign applications, including application number, date  of filing and current status

 

B. CONVENTION APPLICATION

 

1. Name, Address and Nationality of applicant(s)
2. Name, Address and Nationality of inventor(s)
3. Complete Specification including Description, Claims, Abstract & Drawings, if any
4. Priority claim details (Priority date, Country and Application number)
Certified copy of priority document (if not filed at International Bureau)

        

Verified English translation of priority document (may submit later)

5. Details of all corresponding foreign applications, including application number, date of   filing and current status

 

C. PCT NATIONAL PHASE APPLICATION IN INDIA

 

1)     Name, Address and Nationality of applicant(s)
2)     Name, Address and Nationality of inventor(s)
3)     Complete Specification including Claims, Abstract & Drawings, if any
  If the PCT application is in a language other than English, a verified English translation of the PCT specification is required.
4)     PCT Application Details (International Application Number & Date)
5)     Details of Priority application (if applicable)
i) Priority date, Country and Application number
ii) Certified copy of priority document (if not filed at International Bureau)
iii) Verified English translation of priority document (can be filed later)
6)     Details of all corresponding foreign applications, including application number, date of filing and current status
7)     Other Documents (if applicable)
i)  Particulars of Amendments made to specification/claims during the International Phase (Verified English translation)

 
ii) Corrections or changes made at the International phase (Form PCT/IB/306)

 

NOTE :

Please Use Resources - List of Documents Required Tab to know more about documents required for registration at current date.

 

 

 

 

 

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