Patent is a monopoly right given to an inventor or an applicant for a limited period of time. The rights granted to an inventor is not right to practice or use the invention but a right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years in most of the countries. A patent is a limited property right provided to the inventor by the government of that country in exchange of their agreement to share the patented invention to the public. Like any other tangible property rights given to a person, a patent owner is granted with rights to sell, license, mortgaged, assigned, transferred, given away or abandoned.
In addition to the above activities related to a patent, the patent laws of a country like India, the exploitation of the patent is required within the territory of India and non-working of Patents may lead to the revocation or awarding a compulsory license to a third party who is interested in exploiting the patented invention. The patent laws of a particular country are executed through its national patent offices. India owned four patent offices such as Delhi Patent Office, Mumbai Patent Office, Chennai Patent Office and Kolkata Patent Office. An applicant can file and prosecute a patent in any of these patent offices depending upon the jurisdiction.
Patent Law Services
The patent law under the jurisdiction of a particular country governs the following activities with respect to a patent and such activities executed by a registered patent agent in the Patent Office or through an attorney firm who has expert in the field.
- patent filing in national, regional, conventional and international level
- prosecution such as office action response, filing RFE, hearing or any interaction with the patent office
- patent maintenance
- licensing, transferring or assigning of rights to a third party
- patent enforcement
- patent infringement defense
- patent litigation
- revocation of patents
- restoration of patent
- surrender of patents
- compulsory licensing