the indian patent regime | indian patent act | indian patent law | patent protection in india
TRANSCRIPT
WHAT IS A PATENT?
A Patent is an exclusive
monopoly rights granted by the
Government to an inventor over
his invention for a limited period
of time. Patent is recognition to
the form of intellectual property
manifested in invention.
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WHAT CAN BE PATENTED?
Any invention can be patented. However, there are certain criteria that such invention should fulfil, including:
• It should be novel.• It should be non obvious.• It should possess an inventive step.• It should have industrial application.
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WHAT IS MEANT BY ‘NOVELTY’?
Novelty simply means that the
invention comprising of a product
or a process should not have been
anticipated by publication in any
document or should not have been
used in the country or anywhere in
the world before the filing of the
patent application.
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WHAT IS MEANT BY INDUSTRIAL APPLICABILITY?
Industrial applicability means the
invention should be capable of being
made or used in any kind of industry.
Inventions which lack industrial
applicability are known as utility
models. They are, unfortunately, not
protected in India.
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WHAT CANNOT BE PATENTED
Inventions that fall under S 3 and
4 of the Patents Act cannot be
patented. These include
inventions with regard to atomic
energy, inventions against public
morality and decency, agricultural
and horticultural methods,
medical and surgical processes
etc. www.intepat.com
WHOO CAN FILE A PATENT APPLICATION?
Essentially, the first and true inventor
of the patent can apply for a patent
protection. In the event of his/her
death, the legal representatives can
file a patent application.
Further, if the patent is assigned to
someone, then the assignee can
make such application.
WHERE SHOULD THE PATENT APPLICATION BE FILED?
There are four Patent Offices
in India- Mumbai, Chennai,
New Delhi and Kolkata. The
Kolkata office is the head
office. The territorial
jurisdiction between the four
offices is divided as follows:
Kolkata Patent Office (Head Office): West Bengal, Bihar,
Jharkhand, Uttarakhand, Odisha, Chhattisgarh, Assam,
Meghalaya, Mizoram, Tripura, Arunachal Pradesh, Manipur,
Nagaland, Sikkim and Andaman & Nicobar Islands
Mumbai Patent Office: Maharashtra, Gujarat, Madhya Pradesh,
Goa, Daman & Diu and Dadra & Nagar Haveli
Chennai Patent Office: Andhra Pradesh, Telangana, Kerala, Tamil
Nadu, Karnataka, Puducherry and Lakshadweep
New Delhi Patent Office: Haryana, Himachal Pradesh, Jammu and
Kashmir, Punjab, Rajasthan, Uttar Pradesh, Chandigarh and Delhi
HOW DOES ONE DETERMINE THE APPROPRIATE OFFICE?
The appropriate office for filing the patent application
can be identified by:
• Place of residence, domicile or business of the
applicant.
• Place where the invention actually originated.
• Address for service in India given by the applicant. (This
is applicable only in the case of foreign applications.)www.intepat.com
WHAT SHOULD THE APPLICATION CONTAIN?
Your application for filing a patent should
contain the following documents:
• Application for grant of patent in Form 1.
• Proof of right to file the application from
the inventor. This is applicable if the
invention has been assigned to someone
else.
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WHAT SHOULD THE APPLICATION CONTAIN?
• Provisional or complete specification
in Form 2.
• Power of authority in Form 26 if filed
through a patent agent.
• Application should bear the signature
of the application or authorized
person/ patent agent along with the
name and date.
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WHAT IS MEANT BY A SPECIFICATION?
In order to obtain a patent, an applicant must fully
and particularly describe the invention for which the
protection is claimed. It can be either provisional or
complete in nature. A complete specification is given
when the invention is complete i.e. ready to use. On
the other hand, a provisional specification is given
when the invention has reached a stage wherein it
can be disclosed on paper, but has not attained the
final stage.
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WHAT IS MEANT BY A SPECIFICATION?
The disclosure of the invention in a complete specification
must be such that a person skilled in the art may be able to
perform the invention. This is possible only when an applicant
discloses the invention fully and particularly including the best
method of performing the invention. However, this will not
lead to misappropriation of your invention. Any person who
comes up with a similar invention after you have filed for a
patent will be barred from doing so.
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WHAT IS MEANT BY ‘PRIORITY DATE’?
Priority date is the date on
which the first application is
filed for the invention. A
priority date is very important
as this gives precedence to your
invention over all other similar
inventions that may come up in
the future.
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HOW SHOULD THE APPLICATION BE SUBMITTED?
There are two modes of filing an application- manual and online. For the manual filing,
the documents will have to be submitted at the appropriate patent office.
The E-filing of a patent application requires adherence to the following procedure:
• First, the applicant or agent should possess a digital signature.
• The applicant or agent should register as a new user and create a login ID on the Patent
Office Portal (http://ipindia.nic.in)
• The Client Software on the portal should be downloaded and installed. It will generate
an XML file wherein the soft copies of the documents can be uploaded.
• On successful uploading, the application number and CBR receipt along with the date
and time of submission is generated. www.intepat.com
WHAT HAPPENS AFTER THE APPLICATION IS SUBMITTED?
Once the Patent office receives your application, a date and serial
number is allotted to it. The application is digitized, verified, classified
and uploaded to the internal server of the office. Next is the screening
of the application. The application is screened for any international
patent classification, technical field of invention for allocation to an
examiner in the respective field. The application is also screened to see
whether it bears any relevance to defence or atomic energy and
whether the abstract requires any correction or completion.
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WHAT HAPPENS AFTER THE APPLICATION IS SUBMITTED?
Next, comes the scrutiny. The
application is scrutinized for
appropriate jurisdiction, proof of
right to file and whether all the
relevant documents have been
submitted. The invention is then
examined by the examiner and a
report is prepared for the approval
of the Controller General.www.intepat.com
WHAT HAPPENS AFTER THE APPLICATION IS SUBMITTED?
After 18 months of the date of filing or the priority date (whichever
is earlier), the application for patent is published in the official
journal. Now comes the part where the invention is open for pre-
grant opposition.
Though the Patent Office scrutinizes the applications, in order to be
absolutely sure, a chance is given to the public to file an opposition
under the grounds listed under S 25 (1) of the Patents Act. This
opposition has to be filed within 6 months from the date of
publication.
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WHAT HAPPENS AFTER THE APPLICATION IS SUBMITTED?
In the event of
absence of an
opposition, the patent
is granted and it is
published in the
official journal.www.intepat.com
WHAT ARE THE RIGHTS SECURED THROUGH A PATENT?
With the grant of a patent, the inventor gets the exclusive
right to prevent any third party from making, using, offering
for sale, selling or importing for such purposes that product
in India.
Also, in the case of a process patent, the inventor gets the
exclusive right to prevent any third party from using,
offering for sale, selling or importing for such purposes the
product obtained directly by such process in India.www.intepat.com
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