A patent is an exclusive right granted by the government to the inventor of a product for a limited time for his/her invention. This right excludes others from making, using, selling, and importing the product or process, for producing that product without his/her consent.
Any invention relating to a product or process that is new, involving inventive steps and capable of industrial application can be patented.
The inventor is required make an application to the government with full disclosure of his invention for the grant of patent.
A patent provides only territorial protection of rights and therefore it is applicable only within India or that particular country in which the patent has been filed. There is no protection of the patent worldwide. Filing a patent application in India enables the applicant to file a corresponding application for the same invention in convention countries, within 12 months from the date of filing in India. Separate patents should be obtained in each country where the applicant requires protection for his/her invention.
A patent application can be filed either by the first inventor or his assignee, either alone or jointly with any other person. Application for patent should be filed before making public the invention disclosure. If this is not done, making public the invention will destroy the novelty of the invention.
In India, a patent for a product is granted for 20 years from the date of filing the patent application.