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How to Apply for a Patent

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How to Apply for a Patent

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  1. Patent Registration in India for more details visit @ https://www.sunbrio.com/patent-registration- india/

  2. How to Apply for a Patent

  3. How to Apply for a Patent - Following points must be taken in mind • Every application for patent should be made for one invention only. • Every international application under Patent Cooperation Treaty (PCT) filed designating India, shall be deemed to be an application under this Act. • Along with an application, specification regarding patent should be filed. Where the provisional specification is filed, then a complete- specification shall be filed within twelve months. • Where two or more applications in the name of the same applicant are filed with a provisional specification, the Controller may allow the filing of only one complete specification if all application relates to a single invention.

  4. Grant of Patent • Any machine or article of which patent has been granted can be imported by Government. • Any process of which patent has been granted can be used by Government. • Any machine or article of which patent has been granted can be used by any person for experiment or research purpose. • Sec 53 provides that term of patent shall be twenty years from the date of application, which can be renewed on payment of renewal fees.

  5. Request For Examination For The Applied Patent When request for examination has been made, Controller shall make reference of specification and other documents to an examiner to make a report on following: • Whether application is in accordance with provisions of this Act • Whether objection can be made for the applied patent • Results of examination or investigation

  6. Report of Examiner and Consequences Where examiner gives an adverse report which may require amendment, the Controller shall communicate the same to the applicant. Further, the Controller may either refuse the application or direct the applicant to amend the specification. A controller can also direct to “post-date” the application. if an applicant makes a request for a date which cannot be more than six months. Where Controller is of opinion that applied invention has been anticipated, he can refuse the application.

  7. When can a Patent Application be Refused– Controller can refuse the application or require applicant to modify the application if: • Application or specification does not comply with requirement of Act or Rules • Invention is such which is not patentable • Application is made in violation of any other law • Invention has been anticipated • Controller can order for division of application if one application contains more than one claim for patent

  8. Contact Us SunBrio Consultancy Pvt. Ltd. 1202/32, 2nd Floor, ‘Bhagya’ Building, Opposite Coronet Hotel, Apte Road, Shivajinagar, Pune – 411 004, Maharashtra, INDIA Visit: https://www.sunbrio.com Email : consultancy@sunbrio.com Phone : 91+972 118 4433

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