Patent Registration

Patent Registration- Introduction

A patent is a legal document that is granted by the government of the state or the country, depending on the national rules. It gives an inventor of a particular thing, the exclusive right to make, use and sell his or her creation for a specified period of time. The basic idea of this system is to encourage the inventors to safeguard their own creations. Books, movies, and some artworks cannot be patented. However, one can protect these assets under the law of copyright. The law of patent is one branch of the larger legal field known as intellectual property. “A Patent is a right granted to an inventor by the government which gives him sole control over his invention and enables him to stop others from making, using, selling, offering to sell, or importing his invention”. In return of such exclusive right over the invention, the government asks the individual to disclose its elementary technical idea behind the same.

In exchange of such disclosure, the inventor gets a Patent Registration and enjoys Monopoly over the invention (in form of aforementioned exclusive rights) for a limited period (generally 20 years). After the passage of such time, the invention goes into public domain and becomes free for anyone to use. The rights granted by Patent Registration are territorial in nature i.e. they are applicable and enforceable only in the country they are granted or registered in. For example: If you get a Patent Registration in India, it gives you right with respect to India only and you cannot stop an individual in US from using your invention. To get your invention protected in US, you need to get the same Patent Registration there.

Therefore, an Idea should always be protected through Patent Registration, so that you always maintain the monopoly over your idea. Moreover, always remember to file for Patent Registration, before disclosing it to public, because if you disclose before filing for a Patent Registration, you will not be able to file for Patent Registration later.

How long does a patent last?

The protection is granted for a limited period, generally 20 years from the filing date of the application.

  • Utility and plant patents are granted for 20 years, whereas
  • Design patents are granted for either 14 or 15 years, depending on when filed.