A patent is an exclusive right or monopoly granted for an invention, limited to a time period of 20 years, either for a product, or a process that provides in general a new way of doing something, or offers a new technical solution to a problem, essentially with a significant improvement over the prior art. Thexclusive right or monopoly includes limited rights for making, using, selling, offering for sale and/or importing any product or technology.
A New or Novel product or process, which is Non-obvious or Inventive to a person skilled in the art, and has Industrial Application i.e. can be used or made in some kind of industry. A patent can be for a process or for a product.
Product Patent: The product patent refers to a new product which is Non-obvious or Inventive to a person skilled in the art, and has Industrial Application. In such a case, claims (defining area of legal protection) are drafted in a fashion to protect the new product and if desired may also protect the process for preparing said product.
Process Patent : A process patent implies that inventor has developed a new and improved process for producing a known or a new product. In case of a known product, claims are designed in such a way that only the new or modified process is protected and the product is not protected, as said product is already known. In case of a new product, claims are designed in such a way that the new or modified process and the product is protected.
Fees and cost of patent filing in India.
|Other than Natural person
|Small Entity (SE)||Other than (SE)|
|Application for grant of patent||1600||8000|
|Early publication fee (Optional)||2500|
|Request for examination of patent application||4000||20000|
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