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Patent Grant in India

Patent Grant

Chapter VIII of the Patent Act, 1970 deals with Grant of Patent and Rights Conferred Thereby.

According to Section 43 (1), when the application for the grant of patent is in order and the controller has approved it by the virtue of power vested in him under the said act, and not the application is in contravention to any of the provisions of the said act, the patent shall be granted with the seal of the patent office and the date on which the patent is granted will be recorded in the register.

According to Section 43 (2), when the patent is granted the Controlled again publishes the fact that the patent has been granted and all the documents relating to the said patent, i.e., the application, complete specification and other documents are made available to the public knowledge.

According to Section 44, in case the person to whom the patent has been granted under the said act dies, an amendment application can be filled with the Controller for changing the name, address and other details of the person to whom the deceased applicant had transferred the patent.

The term of a patent is 20 years from the date of filing of patent application, irrespective of whether it is filled with provisional or complete specification. However, in case of applications filed under PCT, the term of 20 years begins from International filing date.

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