Quick Tour (Permanent Patent)

Know more about Permanent Patent

A permanent patent filing confirms a complete protection of the patented invention under a country’s legal system or under the legislation, it is licensed. A permanent patent protection means that the invention cannot be made, utilized, distributed or sold commercially without the consent of the owner of the patented product.  

 

Brief Details about Permanent Patent

A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

 

Rights of Patent

A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.

The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent.

 

Inventions that can be patented

Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound. Many products in fact contain a number of inventions. For example, a laptop computer can involve hundreds of inventions, working together.

 

Registering Authority

  • Office of the Controller General of Patents, Designs & Trade Marks

1

Make an online application

2

Publication of Patent

3

Examination of Application by the authority

4

Filing of reply to the objections, if any

5

Approval of Application by Registrar and Issuance of Registration Certificate

Advantages

Not just complete patent, even the first step of patent registration i.e. patent filing in India offers a remarkable advantage to the inventor. Once the application is filed as a provisional application, which is a lot cheaper and short to summarize, then the inventor is provided with a security and surety that no other person could claim the same invention under the filing period of 12 months, after which non-provisional application has to be filed with complete claims and description. If any other person, business or organization tries to claim the invention as theirs, then their request is simply rejected for the filing period.
Once a patent is granted, it provides the inventor, the complete right to work or do anything with his invention for the valid time period (20 years) in India. Within this allotted time period, no person, business or an organization is allowed to use, sell or make any modifications to the original invention without the inventor's consent. If anyone tries to use it, then he/she will be considered as the unauthorized party and will be considered as a case of infringement which is a criminal offense. Having a complete protection on the back, the inventor can do anything with the invention and thus proclaims to be the utter owner of that invention restricting any unauthorized access to it.
There are still chances if the inventor gets bored about his/her invention or do not see any future scope on his/her side, or want to hand it over to a more successful or deserving being, then he/she can commercialize the invention keeping its exclusive rights and earning good amount of investment returns from it.
If you want to continue to own the patent rights, the best way is to license your patent to companies that show interest in your invention. They can pay you royalties ranging between 3 and 20 percent on the sale of the product based on your technology, and the royalty can be received till the patent expires. The higher the technical value, higher is the monetary value of your patent.

Disadvantages

There are no disadvantages.