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Patents


Patent Related LawsPatent, under the Act, is a grant from the Government to the inventor for a limited period of time, the exclusive right to make use, exercise and vend his invention. After the expiry of the duration of patent, anybody can make use of the invention.

Patent Act may be called the Patents Act, 1970. It extends to the whole of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Invention is any new and useful :
  • Art, process, method or manner of manufacture.
  • Machine, apparatus or other article.
  • Substance produced by manufacture and.
  • Includes any new and useful improvement of any of them, and alleged invention.
Therefore an invention is the creation of intellect applied to capital and labour, to produce something new and useful. Such creation becomes the exclusive property of the inventor on grant of patent.
Information Required :
  • Full names and addresses of Applicant as well as Inventor.
  • Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is one (1) year. [Application under the PCT route available.]
Documents Required :
  • Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
  • Certified copy of the application which is the basis of the Convention priority (if applicable) - may be filed within 6 months from the first filing date.
  • Specifications of Invention including claims and abstract Drawings-prepared in triplicate.size-A4.
Jiya & Associates products for Patents are :
  • Writing / Drafting / Preparation of Patent applications in the area of electronics, software, mechanical and chemical related inventions.
  • Patent Searches from popular search engines and patent databases and legal opinion thereto.
  • Patent Opinion.
  • Patent infringement suits in various courts in India.
  • Support for Patent Infringement cases worldwide.
Global patent searches, opinion and patent writing
Patent Search: Simple Procedure of Jiya & Associates :
  • Write us about the domain of your invention. Also tell us about the applicability of your invention (Do not send across Invention Disclosure to us).
  • Within 24 hrs, we will send you the following :
    • Digitally signed NON-DISCLOSURE-UNDERTAKING by one of the partners.
    • Our cost-estimates and payment instruction.
  • Send us the Invention Disclosure along with the complete fees.
  • Patent Search & Opinion, Patent Drafting, PCT - Patent filing in India, Patent Filing and Patent Prosecution in India and at USPTO Delphion and WIPO.
Indian National Phase Filing: Convention or PCT patents prosecution.

STAGE
A. Requirements before filing of the patent application :
  • Write to us and describe the patent application that you intend to file in India;
  • Within 24 hrs, we will send you the following :
    • Digitally signed NON-DISCLOSURE-UNDERTAKING by one of the partners.
    • Our cost-estimates and payment instruction.
  • E-mail us the softcopy of the patent application in a MS-WORD format.
  • Also send us an e-mail, authorizing us to file a patent application (format given below).
  • Upon receiving the above-mentioned application/ authorization, we will send you our invoice by fax and e-mail.
  • We will immediately file the patent application at Indian Patent Office and send you (by express mail/ speed post) the following :
    • Filing receipt of the patent application at Indian Patent Office.
    • FORM – 26 (Letter of authorization) on Indian Stamp paper.
    • Proof of Right on Indian stamp paper.
STAGE
B. Requirements after filing of the patent application :
The following are required to be filed at the Indian patent office subsequently :
  • FORM – 26 (Letter of authorization) on Indian Stamp Paper duly signed by the inventor(s)/ assignee/ applicant in our favor.
  • Certified copy of the priority documents.
  • International Search report, if any.
  • Preliminary Search report, if any.
  • Proof of Right.


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