Patent

PATENTING IN INDIA

Patenting in India is the process of obtaining legal protection for your invention from the Indian Patent Office. A patent gives you the exclusive right to make, use, sell, or import your invention in India for a limited period of time, usually 20 years from the date of filing. Patents can help you prevent others from copying, imitating, or exploiting your invention without your permission.

To patent your invention in India, you need to follow these steps:

Write down your invention in detail, with drawings, diagrams, or sketches if possible. This will help you define the scope and features of your invention, and prepare an invention disclosure document.

Conduct a novelty search or patentability search to check if your invention is new, inventive, and useful. This will help you avoid wasting time and money on applying for a patent that already exists or is obvious. You can use online databases, such as Indian Patent Database, Google Patents, or Espacenet, to search for existing patents or publications related to your invention.

Draft a patent application that describes your invention in clear and precise terms, and claims the essential features that distinguish it from the prior art. You can either draft your own patent application or hire a patent agent or a lawyer to help you. You can use a sample patent application format as a reference, but make sure to customize it according to your invention and the patent laws and rules of India.

File your patent application online or offline at the Indian Patent Office, along with the required fees and documents. You can choose to file a provisional application or a complete application, depending on the stage of development of your invention. A provisional application gives you a priority date and allows you to file a complete application within 12 months. A complete application contains the full and final specification of your invention, and initiates the examination process.

Wait for the publication of your patent application, which usually happens after 18 months from the date of filing or the date of priority, whichever is earlier. You can also request for an early publication by paying an additional fee, and get your application published within one month.

Request for the examination of your patent application, either before or after the publication, by paying an examination fee. The examination request can be made by you or by any interested person. The Indian Patent Office will assign an examiner to scrutinize your application and issue a first examination report (FER), which may contain objections or queries regarding the patentability of your invention.

Respond to the FER within 12 months, and overcome the objections or queries raised by the examiner. You may have to amend your application, submit additional documents, or attend a hearing with the examiner, to clarify or justify your invention. You can also request for a review or appeal against the FER, if you are not satisfied with the examiner’s decision.

Receive the grant or rejection of your patent application, depending on the outcome of the examination process. If your application meets the patentability criteria and complies with the patent laws and rules of India, you will be granted a patent and receive a patent certificate. If your application fails to do so, you will be notified of the rejection and the reasons for it. You can also challenge the grant or rejection of your patent application, by filing an opposition or a revocation petition, within the prescribed time and manner.

Patenting in India can be a complex and lengthy process, involving various legal and technical aspects. It can take anywhere from 2 to 5 years, or even more, to obtain a patent in India, depending on the nature of your invention, the backlog of the patent office, and the challenges or disputes that may arise during the process. Therefore, it is advisable to consult a patent professional or a lawyer, who can guide you through the patent procedure in India, and help you protect and commercialize your invention

REQUIREMENT OF REGISTRATION:

Though a Will is not required to be registered and can be drawn on plain paper also, it is desirable that the Will be registered. The  registration can be done with the Registrar of Assurances where the testator resides. The Will can be registered during the life of the testator or by the executor or legatee after the death of the testator. Later amendments should also be registered. Registration of the Will ensures that the Will cannot be tampered with, the authenticity of the Will is established, allegations of making the Will under duress can be deflected, the probate of the Will may not be required for getting leasehold properties mutated.

ENFORCEMENT OF A WILL:

A Will can be enforced by the executor. He is the safe-keeper of the rights of the beneficiaries under the Will. The provision of the Indian Succession Act makes it mandatory for enforcement of rights under the Will only by way of a Probate. However, this bar does not apply to Hindus in India except if the immovable property is in Kolkata, Mumbai and Chennai. Probate means certifying of the Will by a court of competent jurisdiction.

The Executor can apply for a grant of probate in the court of competent jurisdiction by way of a proper application.

It is advised to execute a Will in India as per the Indian laws applicable for the assets located in India.

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