We Protect what You Create
Palmer and Palmer provide unrivaled solutions for the protection of your ideas and creations through execution of excellent services in the areas of Patent, Copyright, Trademark and Design registration.
A patent is a government granted right, a kind of monopoly right granted to an inventor for the protection of a new invention over a fixed time period preventing others from using, selling or importing your invention without your permission.
CRITERIA: Your invention should be original, non-obvious and relevant for industrial usage without falling in to the non-patentable invention category.
CATEGORIES OF A PATENTABLE INVENTION:
- Machine, apparatus or such articles
- Products manufactured
- Computer software technically applicable to industry
- Product patent for food, chemical or medicines
- Process or manner of manufacturing
PATENT FILING ESSENTIALS:
- Full name, address & nationality of the applicant
- Specification , provisional / complete drawings , claims and abstract
- List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , along with date and application number
- Power of attorney
PATENT GRANTING PROCEDURE:
- After filing Patent Application in India, a Request for Examination is filed with the Patent Office
- Thereafter the application is examined by patent office and objections, if any, are raised thereto.
- After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.
- The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.
It takes 3-5 years to acquire a Patent in India while its term is of 20 years from the date of filing of Indian application in respect of Ordinary and Convention Applications and 20 years from the International filing date for PCT applications.
FILING DIFFERENT PATENT APPLICATIONS
- An Ordinary Application – is filed in the Patent Office without any claim for priority or any reference to any other application under process.
- Provisional Application – is a kind of temporary application filed when the invention is still under the stage of being finalized.
- Convention Application – is filed in the Patent Office claiming a priority date on the same or somewhat similar one filed in one or more convention countries.
- Patent of Addition – is filed when an applicant feels that he has come across an invention slightly different from the invention for which he has already applied for or acquired patent.
- Divisional Application – is filed when there’s more than one invention on which applicant stakes claim.
- PCT National Phase Application – is filed when an international application is made according to PCT designating India, but within 31 months from that date.
- PCT International Application – is an international application governed by the Patent Cooperation Treaty, and can be validated in about 142 countries.