Patents protect inventions and improvements to existing inventions.A patent is an exclusive right granted by a Government for a limited period of time within a particular territory to an inventor or assignee to exclude others from making, using, offering to sell, selling, or importing an invention, in exchange for detailed public disclosure of an invention.The patent is a monopoly right which offers exclusivity to the patentee to exploit the invention for 20 years after which it falls to the public domain,there are several critical aspects to be followed while filing a patent, especially in drafting the claims, which define the scope of the invention. Drafting patent specification is an art by itself, and requires the expertise of skilled professionals in this field.
A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification by true and first inventor or his assignee, either alone or jointly with any other person, legal representative of any deceased person can also make an application for patent.Provisional Application is a temporary application filed with a Patent Office to claim a "Priority Date" and when an invention is not complete in all aspects. This application is extremely helpful since it is relatively inexpensive to prepare and file, enables the inventor to study the feasibility of the invention in terms of potential markets, distributors, licensees. However the complete application needs to be filed within 12 months or else it will be treated as abandoned.
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