PATENT FILING AND DRAFTING PROCEDURE IN INDIA FOR A NEW PHARMACEUTICAL PRODUCT
AbstractBackground and Aim: A patent is a legal right to grant of Patent to the Patentee for his new idea, method, product, etc. for a limited time period by the government. The patent law in any country provides safety to the inventor for his discovery. Patent safety means the other person cannot manufacture and distribute the product without taking prior permission from the patentee. Methods: In this work the Patent law for Patent grant in India is discussed. The patent law is quite similar in all countries. The difference is mainly in the patent filing procedure. Result: The patent system is divided into two parts, first is patent filing procedure and the second is the patent grant procedure. The procedure starts with the filing of an application for the grant of patent. This is followed by the second step which includes the search, publish and examination. If the application fulfills all the requirement of the patent law, then the patent is granted. Conclusion: In different countries there are different criteria for an invention to be a patentable, but in all the countries the clause of novelty is there. The clause novelty states that â€œthe invention must be newâ€ if your invention is already known you cannot get a patent despite being fulfilled criteria, such as industrial application and must be non-obvious.KEYWORDS: Patent, IPO, ISA
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