
Patent,
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.