Frequently asked questions on Indian patent act

Patents offer monopoly rights to produce, market, use, sell and prohibit others from doing the same (for patented invention). The prohibition includes importing the patented product or process of producing the product without express consent of the patent owner.

Protection is provided for 20 years from the date of filing of patent application.

Patents are covered in Patent Act 1970. It is amended time to time.

Patents are granted under the law of the land – There is nothing as Global or World-wide Patent currently.

There are different treaties for protection of intellectual properties in different territories. The best thing is – for patents also there is such treaty. One can apply for patent in required territory via PCT (Patent cooperation treaty). India is one of the signatories of this system. If you want to apply for patent in different country you can route your application with this approach.

Remember a patent applied in one country cannot guarantee protection in another country too. One must have protection in the other country too (for example via PCT). Each country follows its own law thus one must obtain a patent in each country where the applicant requires protection of the invention.

Long story short, an invention relating either to a product or process can be patented.

There are some criteria that must be fulfilled by an invention to be patentable. An invention needs to be

• Novel,
• Non-obviousness (inventive step),
• Should have Industrial application and
• Subject matter of patent

to be patented.
The subject matter for patents is extensively defined in section 3 and section 4 of Indian Patent act 1970 for “inventions that cannot be patented”.

If an invention has been published earlier or displayed in public cannot be patented. In terms of criteria for patent, publication or public display makes an invention not novel at the time of application of patent.

In this kind of specific case such exhibiting in event organized by the Government or disclosing invention before any learned society or published by applicant, the Patents Act provides a grace period of 12 months for filing of patent application. The 12 month period is from the date of display or publication.

Sooner the better, a patent should be filed at the earliest possible date. This provides a priority to the patent over any possible other similar invention.

An inventor can also apply for patent with provisional specification, disclosing the key attributes of the nature of the invention to get priority.

Provisional specification is a good help when you are still researching to fine tune your invention. Provision application gives you 12 month period to convert it to complete specification.

Patent office keeps invention secret until publication. You are granted a patent for disclosing the invention to the public.

In India a patent can be filed by true and first inventor. Additionally an assignee, or the legal representative of a deceased person can apply for patent.

A patent application cab be filed alone or jointly with any other person. So you can file for patent with the whole team.

Indian patent office accepts applications in Hindi or in English language.

Indian Patent Office accepts patent application as “provisional specification” or as “complete specification”. Once filed, patent office publishes patent disclosure in 18 months or earlier if requested by you. Contact us for details of the processes.

The types of applications that can be filed are:
A ) PROVISIONAL APPLICATION
As explained above
B ) ORDINARY APPLICATION
In simple words an ordinary application is one which is the first application. It does not claim any priority from other references. You will learn more in next types of application.
C ) PCT INTERNATIONAL APPLICATION
This is an application under Patent Cooperation Treaty (PCT), in this application India is a receiving office (RO).
D ) PCT NATIONAL PHASE APPLICATION
When India is selected by an entity for protection in PCT application, the entity can apply for national phase application in India. More of PCT will be available in PCT FAQs
E ) CONVENTION APPLICATION
An application that claims priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application.
F ) PATENT OF ADDITION
When inventor has mad small modification in the earlier invention for which an application is already filed or a patent is already granted, the applicant can go for patent of addition if the modification in the invention is new. This addition expires with the previous patent.
G ) DIVISIONAL APPLICATION
A divisional patent application needs to be filed if an application discloses more than one invention in its specification. The priority date for divisional application remains same as the first patent application.