Question 1

Who can apply for a patent?

Accepted Answer

A patent can be filed either by a new inventor or his assignee (alone or jointly with any other people).

Question 2

How much does it cost to get a patent in India?

Accepted Answer

The cost of filing a patent with Vakilsearch ranges from ₹35,000 to ₹40,000.

Question 3

What are the three types of patents?

Accepted Answer

The three types of patents are utility patents, design patents, and plant patents.

Question 4

Who gives patents in India?

Accepted Answer

The Office of the Controller General of Patents, Designs and TradeMarks (CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of patents, designs and trademarks.

Question 5

In India, how long is a patent valid?

Accepted Answer

Patent registration is valid for 20 years in India.

Question 6

What information is required to obtain patent registration?

Accepted Answer

Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.

Question 7

If a patent application is rejected, does the applicant have a chance to be heard?

Accepted Answer

10 days before the statutory deadline, the applicant must file a request for a hearing. If the applicant fails to do so, the controller has the authority to reject the application without hearing the inventors.

Question 8

Why is patent registration in India important?

Accepted Answer

Patent registration in India is important to protect an inventor's exclusive rights over their invention. It provides legal protection against unauthorised use, manufacture, or sale of the invention by others. It also encourages innovation and creativity by rewarding inventors with a monopoly over their invention for a limited time.

Question 9

Is Indian Patent valid throughout the world?

Accepted Answer

No, Indian Patent is not valid throughout the world. An inventor needs to apply for a patent separately in each country where they seek protection.

Question 10

If a patent application is rejected, does the applicant have a chance to be heard?

Accepted Answer

Yes, if the patent application is denied, the applicant has a chance to be heard. The applicant can reply to the rejection by adding further supporting documentation or revising the application.

Question 11

Can a patent registration application be filed electronically?

Accepted Answer

Yes, it can be filed through the Indian Patent Office's website or Vakilsearch.

Question 12

How can one apply for International patent registration in India?

Accepted Answer

One can apply for international patent registration in India through the Patent Cooperation Treaty (PCT) route.  The World Intellectual Property Organisation's International Bureau (WIPO) processes the PCT application after it is submitted to the Indian Patent Office, which acts as a receiving office.

Question 13

What are the criteria to check the Patentability of an invention?

Accepted Answer

Novelty, Industrial applicability, uniqueness are the main criteria for application

Question 14

Can we file a patent registration application, before the publication of the invention?

Accepted Answer

Yes, a patent registration application can be filed before the publication in the form of provisional patent

Question 15

Can the patent application be automatically examined?

Accepted Answer

No, the patent application is not automatically examined. A request for examination and the associated fees should be paid by the applicant.

Question 16

What is the validity period of a Patent?

Accepted Answer

The validity period of a patent is 20 years from the date of filing of the application.

Question 17

What is the Patent of Addition?

Accepted Answer

A Patent of Addition is a type of patent granted for improvements or modifications to an already existing patent. It has the same filing and priority date as the original patent and expires with the original patent.

Question 18

What is a Patent Registration Number?

Accepted Answer

A Patent Registration Number is a unique identification number assigned to a patent application by the patent office.

Question 19

What is the Patent Search?

Accepted Answer

A Patent Search is a process of searching for existing patents to determine the novelty and nonobviousness of an invention. It helps to avoid infringement of existing patents and provides information on the patentability of the invention.

Question 20

Who is the Owner of a Patent?

Accepted Answer

The owner of a patent is the person or entity who has been granted exclusive rights over the invention.

Question 21

How do I register a patent online?

Accepted Answer

You can register a patent online by filing a patent application through the Indian Patent Office's website and paying the required fees.

Question 22

What is the difference between patent and copyright and trademark?

Accepted Answer

Patent protects inventions, copyright protects literary and artistic works, and Trademark protects logos, symbols, and brand names.

Question 23

How much does it cost to get a patent?

Accepted Answer

The expense of obtaining a patent varies according to the invention's complexity and the number of nations in which protection is sought. It is also advisable to account for the costs associated with the filing and processing of the patent application as well as the price of any necessary legal counsel.

Question 24

Is it compulsory to register copyright?

Accepted Answer

Copyright registration is not compulsory in India. However, there are several benefits to registering your copyright, such as:

It provides prima facie evidence of your ownership of the copyright;

It allows you to sue infringers in court;

It can help you to get permission to use your copyright in other works;

It can give you peace of mind knowing that your work is protected.

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