Will an Indian Patent give worldwide patent protection?

Tilak Marg Forum for Legal Questions Forums Intellectual Property Will an Indian Patent give worldwide patent protection?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 11 months ago.

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    Anonymous
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    If I apply for an Indian patent and get the Indian patent for my product, will it provide me worldwide protection in all countries for my product?

  • #334

    There is no patent which is valid worldwide. Protection of patent is available within a territory where it is applicable. Accordingly, if you obtain an Indian patent, it is effective only within the territory of India. In this regard, Section 48 of the (Indian) Patents Act, 1970, is relevant and is reproduced below:

    48. Rights of patentees.—Subject to the other provisions contained in this Act and the conditions specified in Section 47, a patent granted under this Act shall confer upon the patentee—

    (a) where the subject-matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;

    (b) where the subject-matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.”

    Therefore, the exclusive right in respect of a patent is given “in India”. Accordingly, your Indian patent will be valid in India alone and not in other countries.

    That said, however, filing an application for patent in India will enable you to file a corresponding application for the same invention in the Convention countries, up to a period of 12 months from the filing date in India. In view of the above, separate patents should be obtained in each country where you require protection of your invention / product in those countries.

    Moreover, it is possible for you to file an international application called the “Patent Cooperation Treaty” or PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi.  All these Patent Offices act as Receiving Office for the International application.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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