NEW DELHI :-If invented by an inventor, he can get his invention registered by adopting the procedure given by the Patents Act 1970.
As per section 6 (1) of the Patents Act 1970, for obtaining patent rights,
Subject to the provisions of section 134, an application may be submitted to the control under the prescribed format,
Any person who is the assignee of the real invention.
Any person who is the real first inventor of an invention.
Any person who is the legal representative of the deceased person entitled to present the application.
Thus, a representative of an inventor can also apply to obtain a patent.
He can also submit such application form alone or jointly with another person.
In Shining Industries v. Shri Krishna Industries AIR 1975 it was ruled that a form can apply for obtaining a patent as an assignee.
Procedure to be followed for obtaining a patent: –
As described in Sections 6 to 11 of the Patents Act 1970, following this procedure, an innovator can demand patent rights out of control as follows: –
Presentation of application: –
Sections 6 to 11 of an Act 1970 provide a list of conditions that must be met before the application is submitted.
Section 6 describes these individuals who can submit applications.
Section 7 describes the format for granting applications for patents.
Section 8 describes information and words in the case of foreign applications.
Sections 9 and 10 describe the final and complete instructions that have to be filled while writing the application.
The first petitioner in the system: – This is based on the submission of the first application which will be served first (First Come First Serve). This means that the person who submits the first application for the patent will be the first to submit the patent Will be entitled.
For example, where a person first searches, but does not submit an application for a patent, another person who searches after it, but first submits an application for a patent, first submits the application The person will be granted a patent.
The meaning of real and first search: –
A person who discovers the principles of science by revolutionizing his thoughts, the same person is considered a real and searching person, a person who communicates his thoughts is not considered a real and first person to discover.
Unless otherwise contracted, an employee performs a search at the employer’s expense during the service period, he is entitled to receive the patent, but if persons are employed to conduct a search in the laboratory, then in such circumstances the employee Will not be entitled to get a patent.
Application Form: –
Under Section 7 (1) of the Patents Act 1970, each search has to be submitted in a different prescribed format,
The application of the patent format is to be obtained from the office or from the website of the office and filled and submitted in the office.
According to Section 7 (2), if the application is presented by a common person, then he has to attach the attestation verification also with the application.
According to Section 7 (3), the person applying the application has to write that the search is in the possession of the person, also the name of the person who claims the first search.
Section 7 (4) says that the application submitted by a citizen of India can be final or complete,
This section also provides that if the application is presented by a person from a foreign friendly country, it should be of complete specification.
Section 8 describes special provision for presenting foreign application.
Section 9 specifies and section 10 relates to the provisions of full spec.
Examination of application: – As per section 12 (1), when full specifics are introduced in relation to application for obtaining a patent, then the application of the application and its related control shall direct the patent test which the patent application Examines the letter to observe the following facts.
Does the application meet the formalities of the Act and the Rules.
Is there any objection to a person granting a patent.
Has the search been published previously or is the claimant another claimant.
An examiner who has been given an application and pre-specified instructions under sub-section (1) of section 12
Ordinarily, the Comptroller shall give its report on such instructions within 18 months.