How to Apply for a Patent

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Patent Registration in India

• for more details visit _at_
• https//www.sunbrio.com/patent-registration-india/
  

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How to Apply for a Patent
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• How to Apply for a Patent -
• Following points must be taken in mind
• Every application for patent should be made for
  one invention only.
• Every international application under Patent
  Cooperation Treaty (PCT) filed designating India,
  shall be deemed to be an application under this
  Act.
• Along with an application, specification
  regarding patent should be filed. Where the
  provisional specification is filed, then a
  complete-specification shall be filed within
  twelve months.
• Where two or more applications in the name of the
  same applicant are filed with a provisional
  specification, the Controller may allow the
  filing of only one complete specification if all
  application relates to a single invention.

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•  
• Grant of Patent
• Any machine or article of which patent has been
  granted can be imported by Government.
• Any process of which patent has been granted can
  be used by Government.
• Any machine or article of which patent has been
  granted can be used by any person for experiment
  or research purpose.
• Sec 53 provides that term of patent shall be
  twenty years from the date of application, which
  can be renewed on payment of renewal fees.

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• Request For Examination For The Applied Patent
• When request for examination has been made,
  Controller shall make reference of specification
  and other documents to an examiner to make a
  report on following
• Whether application is in accordance with
  provisions of this Act
• Whether objection can be made for the applied
  patent
• Results of examination or investigation

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Report of Examiner and Consequences Where
examiner gives an adverse report which may
require amendment, the Controller shall
communicate the same to the applicant. Further,
the Controller may either refuse the application
or direct the applicant to amend the
specification. A controller can also direct to
post-date the application. if an applicant
makes a request for a date which cannot be more
than six months. Where Controller is of opinion
that applied invention has been anticipated, he
can refuse the application.
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• When can a Patent Application be Refused
• Controller can refuse the application or require
  applicant to modify the application if
• Application or specification does not comply with
  requirement of Act or Rules
• Invention is such which is not patentable
• Application is made in violation of any other law
  
• Invention has been anticipated
• Controller can order for division of application
  if one application contains more than one claim
  for patent

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