A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem. The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention. Patent registration helps protect inventions that are novel, involves an inventive step and shows industrial application.
India notified the Patents (Amendment) Rules 2006, bringing in changes to provide transparency, decentralization of the functioning of patent offices and simplify the procedures making them user-friendly. As per the changes notified under the Patents (Amendment) Rules, 2006, patent applications are now to be mandatory published within one month after expiry of the statutory period of 18 months. In case of request for an early publication, the application is to be published within one month from the date of request. This step will introduce an element of certainty regarding the date of publication, which was hitherto not available. Further, with a view to enforcing transparency and ensuring time bound disposal of patent applications, definitive time frames have been prescribed for various activities by the patent offices. A patent application now has to be referred to an examiner within one month of a request for its examination and the controller will be required to take a decision within one month of its submission, it said, adding that the first examination report must be issued in six months of the date of request for examination of a patent.
Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. An applicant for a patent can protect an invention in India, by filing an application for a patent in India or patenting it in India. Patent registration in India will help a patentee to enjoy and exercise his monopoly rights bestowed by the Indian patent law. A patentee can commercialize the patented product in India and can earn monetary profits for term of 20 years.