Patent Filing Procedure to Obtain Patent in India: A Legal Analysis

Abstract

Human beings are superior from other living creatures because they possess intellect. Every human endeavor which promote economic, social, scientific and cultural development of society must be encouraged, and the creator must be suitably rewarded by affording legal protection to his intellectual creation. The Intellectual Property Rights are the legal rights governing the use of creations of human minds. Modern era is an era of science and technology. A patent is a monopoly right to the exclusive use of an invention, granted to the inventor of his assignee by the patent office in order to protect the subject matter seeking protection. Registration is not mandatory for an inventor to apply for a patent in respect of his invention. It is optional. The process of obtaining a patent is called Patent Prosecution. It consists of preparing and filing the patent application, then filing responses and amendments to the objections of the Patent Examiner. Patent Prosecution will result in either the issuance of a published patent or the rejection or abandonment of the application. The different benchmarks which need to be satisfied for an invention to become eligible for grant of a patent. It requires that only those inventions should be allowed for grant of a patent which fulfil the criteria of novelty, inventive step, industrial applicability and other conditions for patentability. The patent application can also be filed online at the Indian Patent Office website. Without patent no one use, sell, and research on invention