The term of a patent depends on the type of patent and the date of filing. Here are some general guidelines for the duration of patents in India:
- Utility patents: Utility patents, which cover new and useful inventions or discoveries, generally have a term of 20 years from the date of filing.
- Design patents: Design patents, which cover new, original, and ornamental designs for an article of manufacture, have a term of 15 years from the date of grant.
- Plant patents: Plant patents are not available in India.
It is important to note that the term of a patent may be extended under certain circumstances, such as if the patentee can show that they were unable to commercially exploit the invention due to regulatory delays.
Once the term of a patent has expired, the invention becomes part of the public domain and can be freely used by anyone.
The length of a patent can have significant implications for inventors and businesses. It is important to carefully consider the term of a patent when deciding whether to seek one, and to plan for the eventual expiration of a patent. If you are considering seeking a patent in India, it may be helpful to seek the advice of a patent attorney or agent who can help you navigate the process and ensure that your patent application meets all of the necessary requirements.
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