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    Types of patents

    The Legal Framework for Patents in India

    Two primary legal instruments govern the Indian patent system:

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    Patents Act

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    The Patents Act, 1970 (Act) establishes the fundamental principles for granting patents in India. It defines:

    • Who can apply for a patent (inventor, assignee, legal representative)
    • What can be patented (new and inventive products, processes, or articles)
    • The requirements for patentability (novelty, inventive step, industrial applicability)
    • The application procedure
    • The examination process
    • The grant and duration of a patent (typically 20 years)
    • Post-grant procedures (maintenance, dispute resolution, enforcement)
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    Patents Rules

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    The Patents Rules, 2003 (Rules): These Rules provide the detailed operational guidelines for the Act. They elaborate on:

    • Application filing procedures (forms, content requirements)
    • Documentation requirements (specifications, drawings, claims)
    • Examination process (responding to objections, hearings)
    • Fee structure for different stages of the application process

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    Importance of Patent Rules

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    Latest Patents in India

    What Is a Patent Search?

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    A patent provides an individual or a business with rights to protect their invention from illegal importing, producing or selling of the product without the permission of the patent holder. To protect their innovative ideas from being taken advantage of, inventors often choose to file for a patent. Filing a patent in India is a legally complex process and it is time consuming. Fortunately, Vakilsearch offers a hassle-free solution for patent registration, allowing inventors to complete their registration quickly and efficiently.

    A patent provides an individual or a business with rights to protect their invention from illegal importing, producing or selling of the product without the permission of the patent holder. To protect their innovative ideas from being taken advantage of, inventors often choose to file for a patent.

    Patented in India?

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    Registration of Patent in India allows inventions related to products, processes, and methods to be patented. This includes but is not limited to chemicals, drugs, pharmaceuticals, software and other latest improvements to the existing innovations. However, the invention must be novel, non-obvious, and have industrial applicability.

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    The discovery of a natural law or scientific principle

    Literary, theatrical, musical, or artistic works are examples of aesthetic creations

    Plans, guidelines, or techniques for engaging in mental activity, playing games, or conducting business Inventions that violate morality or public order

    Inventions that might be harmful to the environment, animals, or people.

    History of the Indian
    Patent System

    • 1856:Act VI of 1856, modelled on the British Patent Law of 1852, introduces the concept of granting exclusive privileges for new inventions for a period of 14 years. This marks the very beginning of a patent system in India.

    • 1859: The Act XV of 1859 modifies the previous Act, replacing "exclusive privileges" with the term "patent monopolies." It clarifies the rights granted to inventors, allowing them to make, sell, and use their inventions in India or authorize others to do so for 14 years from the date of filing the specification.

    • 1872: The Patents & Designs Protection Act emerges, signifying a separate legal framework for protecting designs alongside inventions.

    • 1883: The Protection of Inventions Act might have been enacted during this period. Further research could confirm its existence and specific provisions.

    • 1888: The legal landscape sees a consolidation with the Inventions & Designs Act, potentially merging the Protection of Inventions Act (if enacted) with design protection measures.

    • 1911: The Indian Patents & Designs Act comes into effect, establishing a more comprehensive and structured patent system in India.

    • 1947: India gains independence, necessitating a review and potential reforms of the existing patent system.

    • 1950: The Indian Patents & Designs Act of 1911 undergoes amendments to better suit the needs of the newly independent nation.

    • 1957: The Justice N. Rajagopala Ayyangar Committee is formed to assess the patent law and recommend revisions for a more robust system.

    • 1970: A landmark year! The Patents Act 1970 replaces the 1911 Act. This Act brings about significant changes:

    • 1999-2005: A series of amendments are made to comply with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. A major change in 2005 involved extending product patents to all fields of technology, including pharmaceuticals, food, and chemicals.

    • 2002 & 2012-2014: The Act and Rules see further amendments to address evolving technological advancements and international obligations.

    • Present: The Indian patent system remains active, constantly adapting to the ever-changing globalized knowledge economy. The focus continues to be on fostering innovation and intellectual property protection while balancing public interest considerations.

    Why Vakilsearch ?

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    FAQ'S on Patents

    A patent is procuring an ownership of a new invention, whether it's a product or a process. This invention should solve a problem and offer a fresh approach.
    A patent search saves time and from investing unnecessary money into your invention by understanding its pre-existence or not. After a thorough patent search, you'll be able to determine if your patent will infringe on the rights of other patents or can invalidate a competing patent.
    To conduct a patent search effectively, you'll need detailed information about your invention, including its features, functions, and any relevant keywords or terminology.
    You can perform a free patent search using online databases provided by organizations like the United States Patent and Trademark Office (USPTO) or the European Patent Office (EPO). These databases offer access to millions of patents worldwide.
    Yes, several tools are available to assist with patent searches, including online search engines, patent databases, and specialized software designed for patent analysis.
    Yes, you can seek assistance from patent attorneys at Vakilsearch, who specialize in conducting thorough patent searches.
    While free patent searches can provide valuable information, they may not always be comprehensive or up-to-date. For more accurate results, consider talking to our IP experts at Vakilsearch and learn more.
    If you find a similar patent during your search, carefully analyze its claims and compare them with your invention. Get in touch with Vakilsearch IP experts and know more.
    If you find a patent similar to your invention, it could affect your ability to obtain a patent or potentially lead to infringement issues. Consulting with a patent attorney is advisable to understand the legal implications fully.
    To improve the accuracy of your patent search, consider using a combination of keywords, classifications, and filters, and be thorough in examining both granted patents and pending applications.
    Get in touch with our IP lawyer and know more.
    The time required to conduct a patent search can vary depending on factors such as the scope of the search, the availability of relevant information, and the search methodology employed. It can range from a few hours to several days.
    After completing a patent search, the next steps may include evaluating the search results, assessing the patentability of your invention, and deciding whether to proceed with the patent application process. Talk to our IP lawyer for more information.
    The patent number for the 'One-Wheeled Vehicle' invention patented on September 1, 1885, is No. 325,548.
    The inventor of the 'One-Wheeled Vehicle' patent is John Otto Lose of Paterson, New Jersey.
    The 'One-Wheeled Vehicle' patent was issued on September 1, 1885.
    The title of the invention described in the 'One-Wheeled Vehicle' patent is "One-Wheeled Vehicle."
    The application for the 'One-Wheeled Vehicle' patent was filed on April 22, 1885.
    The 'One-Wheeled Vehicle' patent was filed with the United States Patent Office.
    The One-Wheeled Vehicle (1885) patent covers a novel transportation device consisting of a single large wheel, a frame, and handlebars for steering and balance.
    The main features of the One-Wheeled Vehicle (1885) invention include a single large wheel for propulsion and stability, a frame structure for rider support and balance, handlebars or similar steering mechanism for directional control, and footrests or platforms for rider comfort and stability.
    The advantages of the One-Wheeled Vehicle (1885) invention include its compact and lightweight design for easy maneuverability, reduced material and manufacturing costs compared to multi-wheeled vehicles, enhanced agility and maneuvering capabilities in crowded or narrow spaces, potential for recreational and practical use in urban environments, and its novelty and curiosity factor for attracting attention and interest.
    The One-Wheeled Vehicle (1885) patent improves upon existing solutions by offering a simpler, more efficient means of personal transportation compared to conventional multi-wheeled vehicles. By utilizing a single large wheel, the invention achieves stability and maneuverability while reducing complexity and cost.
    The potential applications of the One-Wheeled Vehicle (1885) invention encompass urban commuting for short distances, recreational use in parks and recreational areas, delivery and logistics in congested urban areas, tourist attractions and novelty transportation, and personal mobility for individuals with limited space or mobility requirements.
    The inventors of the One-Wheeled Vehicle (1885) patent are Charles A. Wheeler and Thomas B. Jeffery.
    The One-Wheeled Vehicle (1885) patent application has been granted and is currently in the public domain.

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