UNDERSTANDING OF PATENT/ UTILITY MODEL
WHO MAY APPLY?
Any person may make an application for a patent or for a utility model either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes legal entity, for example, a company.
DEFINITION OF PATENT
Patent means the title granted to protect an invention under the Patent Law.
A patent is an exclusive right granted for an invention, which is a product or a process that provides a solution to a specific problem in a field of technology.
When you register a patent for your invention, you hold the exclusive right to use the patent. This means that no other person can take advantage of that patent, unless your permission is sought.
PATENTABLE INVENTIONS
For an invention to be patentable, it must, in general, satisfy three key criteria:
NON-PATENTABLE INVENTIONS
The followings shall be excluded from patent protection:
Pharmaceutical products or process shall be excluded from patent protection until 1st January, 2033.
The followings shall be excluded from patent protection until 1st July, 2021.
OVERVIEW OF PATENT FILING APPLICATION
The applicant for a patent shall mention the following points in the patent application.
The following points shall be attached if necessary:
DURATION OF PATENT
Once your patent is granted, it will be protected for 20 years from the Date of Filing. Thereafter, the patent is to be maintained yearly and applicant has to pay annual fee to the IP Department regularly.
DEFINITION OF UTILITY MODEL
Utility Model means a technical creation that consists of a new shape or configuration of an object or of a component of an object that increases its functionality or utility;
REGISTRABILITY OF UTILITY MODEL
An invention is registrable as a utility model if it is new and is industrially applicable.
EXCLUSION OF UTILITY MODEL
The followings are excluded from utility model protection:
DURATION OF UTILITY MODEL
The term of utility model shall be 10 years from the filing date of the utility model application.