Patent is the type of Intellectual Property that gives the inventor of a novel product or process to use, sell or manufacture the invention. It gives exclusive rights to the inventor to exclude others from making, manufacturing, selling, or using the patented product or process without proper permission or license. Patent registration is valid for a period of 20 years.
In India, the legislation the deals with Patent is the Patent Act, 1970 and the Patent Rules, 1972. Under the Act, any process, a method to manufacture, apparatus, machine, computer software, technical application, chemicals or drugs can be patented.
The process of Patent registration in India includes conducting a patentability search and collecting the relevant documents. After gathering the documents, the Patent application is drafted and filed with the Patent Registrar. Upon approval of the application, it is published in the journal. A request for examination is made after which, the examination report is issued. The Patent is granted after the hearing with the Controller is conducted.