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Patents

What is a Patent and how does it help the innovators?

Patent is a statutory right granted by the respective governments. It gives one the exclusive rights and bars others from making, using, selling and importing product or process, based on the patented invention without one’s prior permission.

What are the criteria of patentability?

For an invention to be patentable, the criteria of patentability are as follows:

    I. It should be novel: invention should not have been published or used anywhere in the world before the date of filing the patent application in the patent office.

    II. Must involve an inventive step: a feature of invention should involve a technical advancement as compared to existing knowledge or having economic significance or both

    III. Capable of industrial application: invention is capable of being made or used in an industry

    IV. It should not fall under the categories of inventions that are excluded from patentability under the concerned jurisdiction

Where do I to begin with?

The first step starts with a prior art search which means a thorough search of various patent databases, technical literature and can even include a market survey. This is for determining if the invention is novel and non-obvious on the date of filing the application. If it is not so, then a patent cannot be granted for such an invention.

What is complete specification?

Once the patentability of the invention is established after a thorough prior art search, a patent application should be drafted. This document is known as the complete specification.

It must comprise:

    I. Title of the invention indicating its technical field

    II. Abstract

    III. Prior art and drawbacks in the prior art (if any)

    IV. Solution provided by the inventor to obviate the drawbacks of the prior art

    V. A concise but sufficient description of the invention and its usefulness

    VI. Details of the best method of its(invention’s) working

    VII. Claims

Where do I file my application?

Once the application has been drafted, one needs to file the patent application with the Indian Patent Office in the prescribed format and submit it along with the requisite fees. One can also file their patent application online. For more information log on to www.ipindia.nic.in

What is a provisional specification?

Provisional specification is filed if one is not yet ready with the full invention but want to have an early filing date.

Can a patent be granted on the basis of provisional specification?

No, a complete specification must be filed within 12 months of filing the provisional specification. Remember the Patent Office will not examine the provisional specification for grant of patents.

What are the steps in the registration process?

Following are the steps in the registration process:

    I. File a patent application in the IPO

    II. Patent application is published after 18 months or one has to request for early publication

    III. File a request for examination along with requisite fees within 48 months from date of filing-without the request the application will not be examined (Form 18)

    IV. First Examination Report (FER) is issued if Patent office is not satisfied

    V 12 months time to respond to the FER

    VI. Pre-grant opposition can be filed by any person after the date of publication of application but before the grant of patent

    VII. If requirements are satisfied, patent will be granted and notified in the Patent Office Journal

How much time does it take for granting of a patent?

It takes around 3 to 5 years to get a patent.

What is the term for patent in India?

The term of every patent in India is 20 years from the date of filing.

What is Paris Convention?

Paris Convention is an international convention. India is also a member to this convention. Under this convention if one applies for registration of patent in any member country, within six months from the date of filing of patent application in India, they will have the same priority as in India.

What is PCT?

PCT stands for Patent Cooperation Treaty. It is an international treaty for claiming one’s domestic priority in member countries of PCT. Through PCT one can file applications in countries of interest within 30 months of the priority date. Under the PCT system, a patent search report is provided and on demand a preliminary examination of application is also done. This additional information helps in delaying the investment by 30 months.

DISCLAIMER:

The information on this website is for information purposes only and is not a legal advice. DeitY does not warrant the accuracy or completeness of the information. As a result of updates and corrections, the web contents are subject to change. In case of any variance between what has been stated and that contained in the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.

For any further information please visit the official websites of respective departments of Government of India.

 

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