Before discussing the register patent validity, let’s see what the patent is. The patent is a right which is granted exclusively for an invention. Such a right is granted for a process or a product i.e., which provides us with a new way of doing something, basically which has not been innovated before. A patentee shall disclose all the technicalities involved in making the specific product or process in public to get a patent. It is important to register a patent.

To patent your invention, the criteria that should be followed is:

  1. The invention must be novel.
  2.  Innovative and non-obvious.
  3. It should be capable of application in the industry.
  4. It should not fall within the provisions of sections 3 & 4 of the Patents Act, 1970.

A new invention as per the law is something that has not been anticipated by publication. Or any sort of documents regarding or used in any other country before the patent application has been filed. It should not have fallen into the public domain or it doesn’t form a part of the state of art.

The following are some inventions are not patentable –

  1. An invention which is lacking in sense or which claims anything obviously contrary to well established natural laws.
  2. An invention of the primary or intended use of which violates law or morality or injurious to public health.
  3. Discovery of any scientific principle or formulation of any theory.
  4. Method of any agriculture or horticulture.
  5.  process for the medicinal, prophylactic or other treatment of human beings. Any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
  6. Inventions relating to atomic energy not patentable etc.

There are many other patents in this list.

If you want to Apply for Trademark Registration, you can go with Apply Trademark.

How Long Does Register Patent Last?

Yeah, you read it right. Like everything else, the patent also comes with an expiry date. After a certain time, the patent inventor doesn’t have a monopoly over his patent. After register patent, the invention becomes legally accessible to all. Before the expiry of a certain period, the patent owner has the sole right to use his patent in any way that he wants.

Patents are granted for a period of 20 years from the date of filing. Irrespective of the fact whether it is filed with the provisional or complete specification. But in the case of filing a patent application under PCT, the term of 20 years begins from the date of international filing of the patent. For the period of 20 years, the patent owner can use it for his benefits and can also license others to use the invention on his consent.

Is Patent Valid In Every Country?

Ideally thinking, a patent granted in one country should be enforced throughout the world but this is far from reality. It is more complex than it sounds. Since laws differ from country to country, there are cases when the same patent doesn’t work everywhere. This is because we do not have a unified judiciary system throughout the world. We are moving towards a unified patent system. The European Patent Office grants patents for all designated countries if you pay the fee individually to all the countries. It saves you from the hassle of filing and prosecuting in every single country. The best way to do this is to file a PCT application, this would give you 30-32 month’s time window during which you can decide which all countries you want to file in.

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