India Patent Filing
Patent Filing in India is a legally intricate and time-consuming process. Fortunately, We provides a convenient solution for Patent Registration, enabling inventors to complete the process swiftly and efficiently.
What is a Patent?
A patent is a legal right that allows people or companies to protect their inventions by stopping others from making, using, or selling their product without permission. Inventors often choose to patent their ideas to keep their innovations safe from being copied.
What Can Be Patented in India?
In India, various types of inventions can be patented, including:
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Products: New and inventive physical items like machines, devices, chemicals, pharmaceuticals, and other manufactured goods.
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Processes or Methods: Innovative methods or processes that provide a new way of performing a task or producing a product, including manufacturing and industrial methods.
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Machines: New and useful machines or mechanical inventions with unique mechanisms or components.
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Manufactured Articles: Items created through novel processes or with unique features.
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Chemical Compounds: New and inventive chemical compounds, including pharmaceuticals.
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Biotechnological Inventions: Innovations in biotechnology, such as genetic engineering, gene sequencing, and new biotechnological processes.
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Software and Computer-Implemented Inventions: Software and computer-related inventions can be patented if they are novel and involve an inventive step.
What Cannot Be Patented?
The Patent Act of 1970 outlines specific exclusions from what can be patented. The following cannot be patented:
- Inventions Contrary to Natural Laws: Innovations that defy fundamental natural laws are not eligible.
- Harmful Inventions: Any inventions that could be detrimental to human, animal, plant life, or the environment.
- Scientific Principles or Abstract Theories: Discoveries of fundamental scientific principles or abstract theories are not patentable.
- Naturally Occurring Substances: Substances found in nature, whether living or non-living, cannot be patented.
- Known Processes or Machines: Innovations that are merely existing processes or machines, unless they result in a novel product.
- Simple Mixtures: Basic combinations of substances that only exhibit the properties of their individual components.
- Basic Arrangements: Ordinary arrangements or rearrangements of conventional devices.
- Agricultural and Horticultural Methods: Processes specifically related to agriculture or horticulture are excluded.
- Medical and Therapeutic Processes: Methods related to medicinal, surgical, diagnostic, therapeutic processes, or disease prevention in humans or animals.
- Plant and Animal Inventions: Innovations involving plants, animals (including seeds and species), except microorganisms.
- Computer Programs and Mathematical Methods: Purely software-based inventions or mathematical methods.
- Literary and Artistic Works: Creations such as literary, dramatic, musical, or artistic works, including films and television productions.
- Game Playing Methods: Simple methods or rules for playing games.
- Information Presentation: Mere presentation of information without a novel application.
- Integrated Circuit Topography: Designs related to the layout of integrated circuits.
- Aggregation of Known Properties: Inventions that only aggregate or replicate known properties of existing components.
- Atomic Energy: Inventions related to atomic energy are not patentable.
These exclusions help define the boundaries of patent protection and ensure that patents are granted for truly innovative and useful inventions.
Importance of Patent Registration
Patent registration is crucial for several reasons:
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Legal Protection: It grants the patent holder exclusive legal rights, allowing them to take legal action and seek damages in cases of infringement. Without registration, enforcing these rights is not possible.
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Transferable Rights: Registered patents can be sold or transferred, providing opportunities for revenue generation.
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20-Year Validity: A registered patent is protected for 20 years from the filing date, offering long-term security for the invention.
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Competitive Advantage: It provides a competitive edge by preventing others from using the patented invention, thereby safeguarding market share and innovation.
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Asset Creation: A patent represents valuable intellectual property that can be sold, transferred, or leveraged in commercial agreements, enhancing the business’s asset portfolio.
Criteria for Filing a Patent Application
When applying for a patent in India, the following criteria must be satisfied:
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Novelty: The invention must be original and not have been disclosed or made available to the public in India before the filing date of the patent application.
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Non-Obviousness: The invention should not be an obvious or predictable advancement to someone with ordinary skill in the relevant field. It should involve an inventive step that is not readily apparent.
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Industrial Applicability: The invention must be capable of being used in some kind of industry, meaning it should have practical utility or be useful in a specific industry or field.
Validity Period of a Registered Patent in India
In India, a registered patent is valid for 20 years from the date of filing the patent application, whether provisional or complete. After this 20-year period, the patent expires and the invention enters the public domain, allowing anyone to use it without restriction.
Documents Required
To file a patent registration application in India, you need to submit the following documents:
- Application for Patent Registration (Form-1): The formal application to initiate the patent process.
- Complete Specifications (Form-2): Detailed description of the invention. A provisional specification can be used initially if a complete specification is not yet available.
- Statement and Undertaking (Form-3): A statement confirming that the invention is original and has not been published elsewhere.
- Declaration of Inventorship (Form-5): A declaration from the inventor(s) affirming their role in the invention.
- Proof of Right to File: Documentation proving the applicant’s right to file the patent application, especially if the applicant is not the inventor.
- Power of Attorney (Form-26): Required if the application is filed through a patent agent or attorney, granting them authority to act on behalf of the applicant.
- Priority Documents: For convention or PCT (Patent Cooperation Treaty) national phase applications, submit priority documents with the initial application or within 18 months from the priority date.
- Permission from the National Biodiversity Authority: If the application involves biological material obtained from India, this permission is needed.
- Source of Origin: Indicate the source of origin for any biological material used in the patent specification.
These documents ensure that the patent application process is complete and adheres to legal requirements.
Process for Patent Registration in India
The patent registration process involves several stages, starting with Patent Search and ending with issuing a Patent Registration Certificate. Here’s a detailed explanation of the Patent Registration process in India:
Indian Patent Search
The initial step in filing a patent in India involves conducting a comprehensive search to establish the originality of your invention. It is advisable to perform a patent search before submitting your application. This search helps identify whether similar inventions exist in prior art, which could affect the novelty of your invention and lead to challenges during the examination process by the Indian Patent Office. Therefore, carrying out a thorough patent search is essential for evaluating the chances of your patent application being approved.
Drafting Patent Specification
Once you have completed the global searches, the next step is to draft a patent specification. This document, written in both technical and legal terms, outlines the details of the invention. It may be either a provisional specification, which does not include claims, or a complete specification, which includes detailed claims. The specification defines the invention’s scope, offering a thorough description, practical examples, and the preferred method for its use. For a patent to receive legal protection, the specification must be comprehensive and include the inventor’s claims.
Patent Application Filing
After drafting the Patent Specification, you can proceed with filing a Patent Application in India. Depending on the specifications, the application can be either provisional or complete. The provisional or complete specification should be submitted using Form 2, while the Patent Application itself is filed using Form 1, in accordance with the Indian Patent Act. If you initially file a provisional specification, you must submit a complete specification, including the inventor’s claims, within 12 months of the provisional filing. There are six distinct types of Patent Application forms available, each tailored to different requirements based on the applicant’s needs.
Patent Publication for Public Opposition
Following the submission of a patent application, the patent is published in an official journal and becomes accessible for public review and scrutiny. This publication allows individuals and entities to examine the patent and submit objections on valid grounds if they have any concerns.
Requesting Patent Examination
The examination of a patent application takes place only after a request for examination is filed. This request must be submitted within 48 months from the date of filing or the priority date. The patent examiner will review the application and issue an examination report detailing any objections. The applicant must respond to this report within 12 months of its issuance. If needed, the examiner may schedule a show-cause hearing with the applicant or their agent to address the objections. This stage of the process is referred to as patent prosecution.
Grant of a Patent
Once all objections in the examination report have been resolved and the examiner is satisfied with the applicant’s responses, the patent application is then set up for the grant of a Patent Registration. This signifies the completion of the patent registration process. However, if the examiner is not satisfied with the applicant’s arguments or responses, they may reject the patent application. In such instances, the applicant would need to start the entire patent application process again in India to seek patent protection.
Why Choose Us
Patent law is a highly specialised area of legal practice requiring unique skills and expertise. Our Patent lawyers in Delhi are experienced professionals who specialise in intellectual property law and are trained to help inventors and companies protect their inventions, designs, and innovations through patents. We draft patent applications, conduct patent searches, and represent clients in patent infringement lawsuits. If you are looking for a patent lawyer in Delhi, Contact Us today.
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Frequently Asked Questions
How much does a patent cost in India?
The total cost varies based on factors like the type of patent and the complexity of the invention. Generally, costs can range from ₹10,000 to ₹1,00,000 or more.
Is it worth filing a patent in India?
Securing a patent in India offers many advantages. It grants protection for your invention, prevents use by others, and opens avenues for commercialising your innovative ideas.
Can you file a patent yourself in India?
Certainly! You can file a patent application by yourself in India. However, it’s advisable to seek guidance from a patent attorney or agent due to the intricacies involved in the process.
Who is eligible to file a patent?
In India, any individual or legal entity can submit a patent application. The applicant must be the inventor or hold the rightful claim to the invention. Additionally, multiple inventors can seek a patent collaboratively.
Can you apply for a patent online in India?
Absolutely! The Indian Patent Office provides a platform where you can submit and monitor your patent application. This online system enhances convenience and efficiency by reducing paperwork and streamlining the application procedure.
What are the risks of filing a patent?
Seeking a patent comes with its set of risks. The application process can be intricate and time-consuming. There is no assurance that your patent will be approved and competitors may challenge its validity.
Get Started Today
India Patent Filing is here to help you secure patent registration by navigating the intricate process with ease. Our team’s expertise ensures that your patent application is accurately prepared and submitted, boosting the likelihood of protecting your intellectual property.
Protect your intellectual property – reach out to India Patent Filing today to begin the process.