Patent Application Filing With India
Description
How to fill out Assignment Of Design Patent Application After Execution But Before Filing By Sole Inventor?
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FAQ
A patent can be filed either physically, by submitting the necessary documents to a patent registry present in the jurisdiction or near such jurisdiction, or it can be filed electronically through the intellectual property e-filing portal.
No. Patents are enforceable only in the jurisdiction in which they are granted. A patent granted in India will stop a foreign (to India) company from practicing in India, but will not stop the same company from practicing in the US, for example.
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent.
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. The legal representative of any deceased person, who immediately before his death was entitled to file an application for patent, can also apply for the same with the Patent Office.
In India, patent applications are subject to examination only if a request for examination is filed by the applicant. In the US, patent applications are automatically examined by the USPTO. Patentability Criteria: Both the USPTO and Indian PTO have similar patentability criteria, but there are some differences.