In India the patent law is governed by the The Patent Law 1970, which came into force in 1972. The Patents (Amendment) Act, 2005 extended the products patents to the area of technology. Apart from technology related products the amendment also includes products in the arena of chemicals, food, drugs and micro organisms. The amendment has also repealed, all the provisions relating to EMRs (exclusive marketing rights). Rather the Act has introduced provisions which grant compulsory license as well as pre-grant & post-grant opposition.
In order to get a patent in India, you need to fill an application requesting for the examination of the subject you wish to patent by the Indian Patent Office. On the issuance of the first examination report, you are given a chance to address the objections (if any) raised in the report.
Generally you need to comply with the requirements raised within the initial 12 months of the issuance of the first examination report. If this is not done then your application will lapse. But in case you remove all the objections and comply with all the requirements, the Patent Office Journal will grant and notify your patent.
In India, the term/ validity of a patent is 20 years from the date on which you filed the patent application.
But in case you have filed your application under the PCT (Patent Cooperative Treaty), the term of 20 years will begin from the date of international filing. Once you receive the patent, you have to renew it every year by paying the fee every year or depositing it in one go.
A patent is said to be infringed if it is used with out your authority, made/ imported or put on sale without seeking your permission.
The proceedings on patent infringement can be initiated only if it was granted in India. The present Patent Law in India, in fact also empowers you to make claims with retrospect effect.
You can approach any patent law firm and hire their services for the patent application process. They also help you rectify the objections and comply with the other requirements. The patent law firms also help you understand the grounds on which your applications can rejected, so that you avoid such situations.
In case you wish to get some of your product patented, then you can visit www.foxmandal.com. A leading intellectual property firm in India, Foxmandal with its team of immensely experienced lawyers, has successfully served several cases of patent approval and helped several clients across business verticals to get their patents restored.
Source : articlesbase.com
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