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A patent is granted as an exclusive right by the Government for an invention for

a limited period of time in consideration of disclosure of the invention by an


applicant. A patentee enjoys exclusive right to prevent a third party from an
unauthorized act of making, using, offering for sale, selling or importing the
patented product or process within the country during the term of the patent. A
patented invention becomes free for public use after expiry of the term of the
patent or when the patent ceases to have effect on account of non-payment of
renewal fee.

"exclusive licence" means a licence from a patentee which confers on the


licensee, or on the licensee and persons authorised by him, to the exclusion of all
other persons (including the patentee), any right in respect of the patented
invention, and exclusive licensee shall be construed accordingly;

Who is the patentee


A person to whom a patent has been granted; who appears on the official government
registry of patent owners or, if the patent monopoly has been sold or handed through an
estate, to that assign.

"Budapest Treaty" means the Budapest Treaty on the International Recognition of


the Deposit of Micro-organisms for the purposes of Patent Procedure done at
Budapest on 28th day of April, 1977, as amended and modified from time to
time;

Invention
"invention" means a new product or process involving an inventive step and
capable of industrial application;

"international application" means an application for patent made in


accordance with the Patent Cooperation Treaty;

"inventive step" means a feature of an invention that involves technical


advance as compared to the existing knowledge or having economic significance
or both and that makes the invention not obvious to a person skilled in the art;

new invention" means any invention or technology which has not been
anticipated by publication in any document or used in the country or elsewhere
in the world before the date of filing of patent application with complete
specification, i.e., the subject matter has not fallen in public domain or that it
does not form part of the state of the art;
Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It
provides a unified procedure for filing patent applications to protect inventions in each of its
contracting states. A patent application filed under the PCT is called an international
application, or PCT application.

Patent drafting is a process of writing of patent claims, specifications and drawings which play a
pivotal role during the course of its prosecution, management and maintenance
Section 10 of the indian patents act, specifies that fully and particularly describe the invention
and its operation or use and the method by which it is to be performed;

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