Duration of Patent


A patent is issued for such a product, technique, or innovation for a period of 20 years under the Indian Patents Act, 1970. As a result, the life of a patent in India is 20 years from the date of filing of the patent application. You simply cannot prolong the patent's life. Whenever a patent's lifespan ends, the innovation loses its patent protection and enters the public domain. This implies that somebody can create, use, or sell the innovation without fear of being sued for infringement. Thus, according to Section 53 and Rule 80 of the Indian Patents Act, 1970, patent holders must renew their patent rights on a regular basis. This is done to guarantee that the patent stays valid throughout its life.

If a person is an innovator, they will wish to prevent the unlawful use and distribution of their innovations. Patents are provided to innovators in order to prevent others from "producing, using, offering for sale, or selling the invention" under federal patent laws. As a result, innovators are issued patents to fully preserve their innovations. A patent is normally valid for 20 years and can be used for any invention in the sphere of technology or industry. A patent is a component of a World Trade Organization international agreement (WTO). As a result, WTO members are supposed to recognise and enforce lawful patents.

What is Patent Protection?

Patent protection secures an innovation from future legal issues that may emerge as a result of creating, using, or selling an invention against the patentee's permission.

The following are the grounds for patentability for an invention:

  • Originality: It should be original.

  • Industrial application: It must be capable of being used in an industrial setting.

  • Non-obvious: It must possess original thought and the capacity to produce new things.

  • Enabling: It should not be bound by the requirements of Sections 3 and 4 of the Indian Patents Act of 1970.

Why Apply for Patent First?

A patent application shouldn't be delayed since there is no provision to patent an invention once it has been publicly exhibited. Therefore, it is necessary to get a provisional patent that is valid for 365 days even if the invention is finished. This helps you safeguard your patent rights before others do. As a result, in all likelihood, delaying the submission of the patent application contains dangers that one just cannot afford. Because any other inventor may file a patent application for the same innovation before you.

How Long Does a Patent Last?

A patent that was submitted after June 8, 1995, is valid for 20 years after the submission of the patent application. If a patent was submitted before June 8, 1995, it is valid for either 17 years from the date of issuance or 20 years from the date of filing, whichever is longer.

The validity of the patent will also be determined by the type of invention filed. A patent's validity comprises the following:

  • Utility Patent: 20 years from the date of filing if submitted before June 8, 1995, or 17 years from the date of issuance, whichever is longer.

  • Design Patent: Design patents have a 14-year term from the date of issuance.

  • Plant Patent: Plant patents have a 17-year term from the day the invention was issued.

Conclusion

In India, the duration of a patent for an invention is usually of 20 years from the date of filing of the patent application. However, the duration of 20 years is not a fixed period, but rather depending upon the circumstances, it may vary; or in other words, it may be shorter in some other circumstances. In addition to this, in certain situation, the Indian government has the power to revoke a patent right at any point of time if it is deemed to be in the public interest.

FAQs

Q1. Is patent ownership transferable?

Ans. Yes, patent ownership may be transferred. A patent owner may grant a licence for use or sell patent ownership.

Q2. Can a patent’s lifespan be extended or increased?

Ans. Yes, you can renew a patent every year by paying the renewal costs outlined in the laws and regulations. However, its final validity is limited to 20 years. The patent will thereafter expire, and its validity cannot be renewed.

Q3. What will happen once a patent expires after 20 years?

Ans. Patent protection ends when a patent expires. The innovation will be made available to the public, and anybody will be allowed to exploit it commercially.

Q4. What kind of protection does a patent offer?

Ans. In general, the patent owner has the only right to block or prohibit others from economically exploiting the protected innovation. In other words, patent protection implies that others cannot commercially make, use, distribute, import, or sell the innovation without the patent owner's permission.

Q5. Is a patent valid in every country?

Ans. Patents are essentially territorial rights. In general, exclusive rights are only valid in the nation or territory where a patent has been filed and granted, in accordance with local legislation.

Q6. How are patent rights enforced?

Ans. Patent rights are often enforced in court at the request of the right holder. A court of law has the ability to stop patent infringement in most systems. However, the patent owner has the primary burden of monitoring, detecting, and prosecuting patent infringers.

Updated on: 01-Feb-2023

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