A patent is a statutory right granted to a person for a limited period who has invented a new and useful article or an improvement of an existing article or a new process of making article. A patent is not granted for an idea or principle as such, but for some article or the process of making some article applying the idea. A patent is an exclusive right to manufacture the new articles invented or manufacture improved article or manufacture an article according to the invented process for a limited period. A computer programme is considered a patentable invention.
Essentials of Patentability:-
a. An Invention should be novel.
b. An Invention should have inventive stem or must be lack of obviousness.
c. An invention should be capable of industrial application.
d. An invention should not belong to the class of invention prohibited for registration.
An application for a patent may be made by the actual inventor of the invention, or an assignee of the right to make an application or a legal representative of either.
An applicant for a patent may file a provisional description of the invention or complete description of the invention. The specification should contain beside the title of following:-
1. A provision or complete description of the invention and its operation or use and the method by which it is to be performed.
2. A disclosure of the best method of performing the invention.
3. A claim or claims defining the scope of the invention for which protection is sought
4. Specification should be accompanied by an abstract to provide technical information on the invention.
The Term of every patent is 20 years from the date of filing of patent application. However, in case of applications filed under PCT the term of 20 years begins from International filing date.
K.BEHARI & ASSOCIATES
Kunj Behari Mahipal
C.Shekhar Mahipal (B.Com, LL.B Advocate)
ANAND SHANKER & COMPANY
CA. Anand Shanker Mahipal
“DGM Building” Old Court Road, Near Railway Crossing SIRSA-125055 (HARYANA) INDIA
Phones & Mobiles: Phone: +91(1666) 232543, 234565, 234022 Mobile: +91-9416-351-167, 9050-902-425