ARTICLE · 19 JUNE 2017

Utility Patents & Its Position In India

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Utility patents are one of the three kinds of patents present in the USA . A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture...

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Utility patents are one of the three kinds of patents present in the USA . A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture or composition of matter or any new or useful improvement.

In other words, a utility patent is an exclusive right granted for an invention, which allows the right holder to prevent others from commercially using the protected invention without his authorization for a limited period of time. These are also known as 'petty patents' or 'innovation patents' or 'minor patents' or 'small patents'.

Salient features of the utility patent are as follows:

Utility patents confer exclusive protection rights for the product and not process.

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