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Patent, merits and demerits of providing patent to a business firm | Requirement for Applying Patent Right

Patent is the exclusive legal right of ownership for making, producing or inventing new products or process for certain period of years in exchange for publishing an enabling public disclosure of the invention. Patent means any useful invention invented through a new method or process of the construction operation or publicity of any material or collection of materials or through any principle or formula. For getting patent, patent application form should be filled up disclosing to the public about the technical information of invention. 

Right Over the Patent

  1. Any person, willing to have rights on any patent, has to register such patent under the Patent Design and Trademark Act.
  2. Any patent registered in the name of any person shall not be copied, used or utilized without the patentee’s written consent.
  3. Ownership of a patent can be transferred in any way to any person as movable property.
  4. If any body does or attempt to do so or encourage to do any work against these rights or patentee may be punished with a fine by the order of Department and all the materials related with such offence shall be confiscated.


Requirement for Acquiring Patent Right

  1. Person willing to patent registered in his own name shall have to apply to the Department with following information including all other evidence.
  2. Name, address and profession of inventor.
  3. In the case of the invention, not invented by the applicant himself, the conditions acquiring such right from investor by the applicant.
  4. Method of operation or utilization of such invention.
  5. Principle or formula, if such patent is based on any principle or formula.
  6. Drawings and sketch of invention (if necessary).
  7. Prescribed application fee as mention in schedule.

Unpatentable Invention

  1. If it has already been registered in the name of other.
  2. If the patent asked to be registered is not invented by the applicant himself and he has not acquired the right from the inventor.
  3. If the patent asked to be registered the right from the inventor.
  4. If the patent asked to be registered is found to cause adverse effect in health, conduct or morale or people in general or in the national interest.
  5. If it violates any prevailing laws.

Examination of Patent Application

  1. Department upon submission of a patent application examine the invention whether it is new or not, it is useful to the people in general or not.
  2. If it deems necessary, Department takes the advice of experts of related field.
  3. Basically, Department follows the principle of Novelty, Industrial applicability, and Inventive step to examine.

Certificates of Registration

  1. If Department found the patent application is patentable after examination provides certificates to the applicant.
  2. Applicant shall pay a registration fee as prescribed in schedule.

Opposition for Patent

  1. If anybody has any complain upon any patent he may lodge such complain to the Department within thirty-five days from the date on which the patent is seen or a copy of such patent document is taken.
  2. Upon receipt of complain, Department takes necessary action through an investigation.

Terms and Renewal of Patent

  1. Patentee shall have his right on the patent for a period of seven years from the date of registration.
  2. The patentee shall renew the patent within 35 days from date of expiry having paid the fee mention in schedule.
  3. Renewal of a patent may be made for two times of seven years.

However, the system of patent right seems to be reliable for the context of innovation ad creation of new things, but in practical side, this right is only seemed in paper.

(Note: The above mentioned rules and regulations may be changed as per the geographical territory.)

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