Patent registration can be obtained in India for an invention. Patent registrations are not applicable for all inventions, and invention must satisfy certain criteria to be patentable in India. Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of subject matter. To register a patent an application is filed for the invention which is new, novel and which has not been disclosed anywhere prior to filing the application of patent before the office of the controller of patents in India. In India invention of new goods or industrial process can be filed.
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT.
The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in consonance with the changing environment, most recent being in 2016.
No. Patent protection is a territorial right and therefore it is effective only within the territory ofIndia. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
An invention is patentable subject matter if it meets the following criteria –
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
Collect all the information about your invention such as:
• Area of invention
• Description of the invention what it does
• How does it work
• Advantages of the invention
The drawings and diagrams should be designed so as to explain the working of the invention in better way with visual illustrations. They play an important role in patent application.
All inventions may not be patentable, as per Indian patent act there are certain inventions that are not patentable explained in detail.
The next step would be finding out whether your invention meets all patentability criteria as per Indian patent act? That is,
• Industrial application
The patentability report and opinion helps you decide whether to go ahead with the patent or not, chances are what you thought as novel might already been patented or know to public in some form of information. Hence this reports saves lots of time, efforts and cost of the inventor by helping him decide whether to go ahead with the patent filing process or not.
In case you are at very early stage in the research and development for your invention, then you can go for provisional application. It gives following benefits:
• Secures filing date
• 12 months of time to file complete specification
• Low cost
Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing.
An early publication request can be made along with prescribed fees if you do not wish to wait till the expiry of 18 months from the date of filing for publishing your patent application.
The patent application is examined only after receiving request for examination that is RFE. Up on receiving this request the controller gives your patent application to a patent examiner who examinees the patent application with different patentability criteria like:
• Patentable subject matter
• Inventive step
• Industrial application
Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyse the examination report with patent professional (patent agent) and creating a response to the objections raised in the examination report.
This communication between controller and patent applicant is to ensure that all objections raised in the patent application are resolved. (if not the patent will not be granted ) and the inventor has his fair chance to prove his point and establish novelty and inventive step over existing prior arts.
Up on finding the patent application in order of grant, it is grant to the patent applicant as early as possible.
The application would be placed in order for grant once it is found to be meeting all patentability requirements. The grant of patent is notified in the patent journal which is published time to time.
1. Application form in duplicate (Form 1).
2. Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.(Form 2).
3. Drawing in duplicate (if necessary).
4. Abstract of the invention in duplicate.
5. Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
6. Priority document (if priority date is claimed) in convention application, when directed by the Controller
7. Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5).
8. Power of attorney (if filed through Patent Agent).
9. Fees (to be paid in cash/by cheque/by demand draft)