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Filing Request for Early Publication
A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for a period of 20 years and the patent holder can take legal action against any unauthorized use of such patent. The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent.
Therefore, we can say a patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations.
The provision for early publication is given under Section 11A(2) of the Indian Patents Act, 1970, which states that "The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under subsection (1)1 and subject to the provisions of subsection (3)2, the Controller shall publish such application as soon as possible".
Applicant
An application for a Patent for an invention may be made by any of the following persons either alone or jointly with any other person:
Filing Patents in India:
– This includes filing the application at the Indian Patent Office and complying with all the formal requirements.
Early Patent Publication:
– After the application has been filed, the application is published by the Indian Patent Office for public inspection in an official journal.
– Upon the publication of the application, the applicant has privileges and rights as if the invention has been granted a patent on the date of the publication. Damages can be claimed from the date of publication of the application in India. However, the applicant can file an infringement suit only after the grant of the patent.
– Any person can file a pre-grant opposition at the Indian Patent Office in order to challenge the grant of the application, any time after the publication of the application but before the grant of the patent.
Advantages of Early Patent Publication:
Process for Early Publication:
Service Inclusions
Professional Fees
Service Exclusions
GST, Government Fee, and other Additional Taxes
Process followed by White Code Legal:
Why White Code Legal?
At White Code Legal we prioritize and always strive to deliver excellence. Keeping the focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth every penny our clients spend with us and build a lasting relationship with them.