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Patent Lawyers in india

Patent Lawyers In India

Patent is exclusively known as a statutory right which is granted by the state for a new invention that involves an inventive step and is capable of industrial application. This special right gives a patent owner an exclusive right to prevent others from making, using, selling, and offering the same for importing a process or product.  In India patent filing and prosecution is governed by the patent act 1970 and the patent Rules 2003.   Merely holding a patent does not give the owner the right to use or exploit the patented invention. That right may be affected by other laws such as food and drugs, health and safety regulations. Because of these reasons a patent can be a negative right.

In the eyes of the law, a patent is a property right that can be given away, inherited, sold, licensed and even abandoned. Since it is conferred by the State, the government can revoke the patent in certain cases, even after the grant of patent or even if it has been sold or licensed to another in the meantime. Indian patent does not confer any rights outside India since patent rights are territorial. Patent rights last for 20 years in India and this is the case globally also. You must apply to the appropriate national Patent Office depending on where you wish your patent to be in effect.  Interestingly, in India, we have only 4 Patent Offices in total, Kolkata, New Delhi, Chennai & Mumbai. 

Patent lawyers in India who all have the specialized qualifications, is necessary for representing clients to obtain patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term varies in different countries, and thus may require the same legal qualifications as a general legal practitioner. The titles patent agent and patent lawyer are also used in some jurisdictions. The terms are interchangeable in some jurisdictions, while in others the latter is used only if the person is qualified as a lawyer.


You can get the list of patent Lawyers in India and the legal advice related to patent in the above mentioned link.