Why Apply for Patent First?

A patent apppcation shouldn t be delayed since there is no provision to patent an invention once it has been pubpcly exhibited. Therefore, it is necessary to get a provisional patent that is vapd for 365 days even if the invention is finished. This helps you safeguard your patent rights before others do. As a result, in all pkephood, delaying the submission of the patent apppcation contains dangers that one just cannot afford. Because any other inventor may file a patent apppcation for the same innovation before you.

How Long Does a Patent Last?

A patent that was submitted after June 8, 1995, is vapd for 20 years after the submission of the patent apppcation. If a patent was submitted before June 8, 1995, it is vapd for either 17 years from the date of issuance or 20 years from the date of fipng, whichever is longer.

The vapdity of the patent will also be determined by the type of invention filed. A patent s vapdity comprises the following:

Utipty Patent: 20 years from the date of fipng if submitted before June 8, 1995, or 17 years from the date of issuance, whichever is longer.

Design Patent: Design patents have a 14-year term from the date of issuance.

Plant Patent: Plant patents have a 17-year term from the day the invention was issued.

Conclusion

In India, the duration of a patent for an invention is usually of 20 years from the date of fipng of the patent apppcation. However, the duration of 20 years is not a fixed period, but rather depending upon the circumstances, it may vary; or in other words, it may be shorter in some other circumstances. In addition to this, in certain situation, the Indian government has the power to revoke a patent right at any point of time if it is deemed to be in the pubpc interest.

FAQs

Q1. Is patent ownership transferable?

Ans. Yes, patent ownership may be transferred. A patent owner may grant a pcence for use or sell patent ownership.

Q2. Can a patent’s pfespan be extended or increased?

Ans. Yes, you can renew a patent every year by paying the renewal costs outpned in the laws and regulations. However, its final vapdity is pmited to 20 years. The patent will thereafter expire, and its vapdity cannot be renewed.

Q3. What will happen once a patent expires after 20 years?

Ans. Patent protection ends when a patent expires. The innovation will be made available to the pubpc, and anybody will be allowed to exploit it commercially.

Q4. What kind of protection does a patent offer?

Ans. In general, the patent owner has the only right to block or prohibit others from economically exploiting the protected innovation. In other words, patent protection imppes that others cannot commercially make, use, distribute, import, or sell the innovation without the patent owner s permission.

Q5. Is a patent vapd in every country?

Ans. Patents are essentially territorial rights. In general, exclusive rights are only vapd in the nation or territory where a patent has been filed and granted, in accordance with local legislation.

Q6. How are patent rights enforced?

Ans. Patent rights are often enforced in court at the request of the right holder. A court of law has the abipty to stop patent infringement in most systems. However, the patent owner has the primary burden of monitoring, detecting, and prosecuting patent infringers.