Patents Rights

Patent rights are one’s own Personal legal right. These rights are provided by state to the individual upon whom such person has the sole and exclusive possession. It is a grant from Government to the inventor for a limited period of time. Person to whom such right is conferred can hold it for using, exercising and vending his creativity and invention. It allows rights for exclusive manufacturing and marketing pertaining to any object or a particular process, with a view to rewarding the invention. Invention can be related to any art or process, means and method of manufacturing any machinery or article of any kind. Any such invention made by any person gives him the exclusive right to hold such proprietary right.
Procedure for Drafting Patent application
Patent application is presented to make request for taking authority to make it a legal right. Application includes the details & information regarding the specification of patent. It describes the whole process of applying for patent. Application shall be filed according to the territorial limits where the applicant or in case for more than one applicant the first mentioned applicant for a patent where he resides or has a place of business or the place from where the invention actually originated .If the applicant for the patent or party in a proceeding having no business, place or domicile in India., the appropriate office will be according to the address of service in India given by the applicant or party in a proceeding.
Registration of Patents
When Applications are received those filed under Section 4 for registration of any Patents it is mandatory on the part of Department that after completing necessary investigations under Section 5, Department shall issue a registration certificate according to the specimen form indicated in Schedule 2 (a) to the applicant, except in the circumstances mentioned in Section 6.
For obtaining the certificate mentioned in Sub-Section (1), the applicant shall pay the required registration fees specified in Schedule 3 (1) (b) to the Department.
Rights of a Patent Owner
A patent owner has full authority to decide for allowing another person to use the patented invention for the period in which the invention is protected. The patent owner may give his permission or license to other parties for using the invention on mutually agreed terms between them. The owner may also sell his right of invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others.
How Patent rights can be protected
The person who holds the Patent right he can protect his right from making unauthorized use of his invention commercially used, distributed or sold without the his consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party. All patent owners are responsible in return for patent protection to publicly disclose the information on their invention so as to build up the total body of technical knowledge in the world. Such an ever-increasing body of public knowledge provides benefits for increasing further creativity and innovation in others also.
In this way, patents provide not only protection for the owner but valuable information and inspiration for future generations of researchers and inventors.