Patent
A patent is an exclusive legal right granted to an inventor for a new product or process that offers a novel solution or an innovative way of doing something. In simple terms, a patent protects how something works, not just how it looks. To qualify for a patent, an invention must be new, inventive (non-obvious), and industrially applicable.
In India, the term of a patent is 20 years from the date of filing the application, subject to annual renewals. During this period, the patent holder has the exclusive right to make, use, manufacture, sell, or license the invention — preventing others from making, using, or selling it without permission.
Patents encourage innovation by providing inventors with a temporary monopoly to commercialize their ideas and recover their investments. They can be valuable business assets, offering competitive advantage, attracting investors, and enabling licensing or technology transfer deals worldwide.
Mark Shell & Associates assists clients in all aspects of the patent process — from prior art searches, drafting, filing, and prosecution to enforcement, litigation, and international patent protection through the Patent Cooperation Treaty (PCT).
Frequently Asked Questions about Patents?
How long does a patent last in India?
A patent in India is valid for 20 years from the date of filing, provided annual renewal fees are paid.
Who can apply for a patent?
The true inventor, their legal representative, or an assignee (like a company) can apply for a patent.
What cannot be patented?
The true inventor, their legal representative, or an assignee (like a company) can apply for a patent.
What cannot be patented?
Scientific principles, abstract theories, mathematical methods, plants and animals (other than microorganisms), and inventions contrary to public order or morality cannot be patented.