Patent Registration in CBE
A patent is a grant from the Government which confers on the grantee for a limited period of time the exclusive privilege of making, selling and using the invention for which a patent has been granted and also of authorizing others to do so. A patent granted under the Act confers upon the patentee where the patent is for an article or a substance, the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute such article or substance in India and where the patent is for a method or process of manufacturing an article or substance, the exclusive right by himself, his agents or licensees to use or exercise the method or process in India. The patents granted under the Act are operative in the whole of India.
How is it different from a Copyright?
A copyright is a right to literary property as recognized and sanctioned by the law. It is an intangible and corporal right granted to the author or originator of certain literary or artistic production
An international application (S.2 (1)(ia» made according to Patent Cooperation Treaty (S.2 (1)( a) designating India can enter national phase within 31 months from the international filing date. This application filed before the Controller in the Indian Patent Office claiming the priority and international filing date is called PCTNational Phase application. Applicant can enter national phase with a request made on white paper. The filing date of the application ... shall be the international filing date accorded under the Patent Cooperation Treaty (S. 10( 4A) It is not mandatory for the applicant to submit the documents while entering the national phase for filing the application in the designated or elected member countries, as it is obligatory on the part ofWIPO to send those things to the designated offices. However, for convenience and faster processing the applicant may submit the necessary documents. Office may ask for any other documents, which are necessary in addition to what was submitted along with the application.
Addition
When an applicant feels that he has come across an invention which is a slight modification on the invention for which he has already applied for / have patent the applicant can go for pat~nt of addition since the invention does not involve a substantial inventive step. It is also possible to convert an independent patent to a patent of addition at a later date if the subject matter was an improvement in or modification to a main invention for which he holds a patent.
A patent is a grant from the Government which confers on the grantee for a limited period of time the exclusive privilege of making, selling and using the invention for which a patent has been granted and also of authorizing others to do so. A patent granted under the Act confers upon the patentee where the patent is for an article or a substance, the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute such article or substance in India and where the patent is for a method or process of manufacturing an article or substance, the exclusive right by himself, his agents or licensees to use or exercise the method or process in India. The patents granted under the Act are operative in the whole of India
