A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem.
The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention.
What can be patented?
1.The subject matter must be patentable.
2. The invention must be novel.
3. The invention must have some utility or usefulness.
4. The invention must not be obvious.
Requirement for Patent filing in India :
We can file the following types of patent applications in the Indian patent office:
● Convention Application (within 12 months of the priority date)
● PCT Application (National phase)-within 31 months of the priority date.
● National Application (Provisional & non-provisional application)
1. Application for Grant of Patent in Form 1 in duplicate [section 7, 54 & 135 and Rule 20(1)].
2. Provisional/Complete specification in Form 2 in duplicate [Section 10; Rule 13]; comprising • Description • Claims • Drawing (if any) • Abstract.
- Statement and Undertaking in Form 3 in duplicate [Section 8; Rule 12].
4. Power of Attorney in Form 26 (in case a patent agent is assigned) (in
original)(Rule 3.3 (a)(ii)).
5. Declaration of Inventorship in Form 5 in duplicate (only where applicant and inventor[s] are different);(Rule 4.17).
6. Form 28 (in case the applicant is a small entity) (Rule 2 (fa) & 7).
7. Certified true copy of the Priority document (in case priority is claimed).
8. Requisite Statutory fees (cheque / DD).
Procedure of Patent Registration in India :
Step 1 : Patentability/Novelty Search
Step 2 : Patent Drafting
Step 3 : Patent Filing
Step 4 : Publication
Step 5 : Request for Examination
Step 6 : Issuance of Examination Report
Step 7 : Hearing with the Controller
Step 8 : Grant of Patent