What is a Patent?
A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder.
A patent is a monopoly granted and it enables the inventor to control the output and within the limits set by demand, the price of the patented products. A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. A patent is an official document given to an inventor by the government allowing him to exclude anyone else from commercially exploiting his invention for a limited period which is 20 years at present.
The following are not considered as inventions and cannot be patented:
an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
a method of agriculture or horticulture;
any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
a computer programme per se other than its technical application to industry or a combination with hardware;
a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
a mere scheme or rule or method of performing mental act or method of playing game;
a presentation of information;
topography of integrated circuits;
an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.
The types of Patent Applications are as follows:
Ordinary Application, i.e., an Application which has been filed directly in the Indian Patent Office.
Divisional Application, which can result from division of a Patent Application.
Patent of Addition, which may be filed subsequent to the Filing of an Application for Patent, for an improvement or modification.
A patent application shall be filed on Form-1 along with Provisional / Complete Specification, with the prescribed fee at an appropriate office. Normal fee shall be applicable for applications containing upto thirty pages in specification and upto 10 claims. If the specification exceeds thirty pages or claims are more than ten in number, additional fee is required to be paid. A patent application shall contain:
1. Application for grant of patent in Form-1.
2. Applicant has to obtain a proof of right to file the application from the inventor. The Proof of Right is either an endorsement at the end of the Application Form-1 or a separate assignment
3. Provisional / complete specification in Form-2.
4. Statement and undertaking under Section 8 in Form- 3, if applicable. An applicant must file Form 3 either along with the application or within 6 months from the date of application.
5. Declaration as to inventorship shall be filed in Form for Applications accompanying a Complete Specification or a Convention Application or a PCT Application designating India. However, the Controller may allow Form-5 to be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
6. Power of authority in Form-26, if filed through a Patent Agent. In case a general power of authority has already been filed in another application, a self-attested copy of the same may be filed by the Agent. In case the original general power of authority has been filed in another jurisdiction, that fact may also be mentioned in the self-attested copy
7. Priority document is required in the following cases:
(a) Convention Application (under Paris Convention).
(b) The priority document may be filed along with the application or before the expiry of eighteen months from the date of priority, so as to enable publication of the application. In case of a request for early publication, the priority document shall be filed before/along with such request.
8. Every application shall bear the Signature of the applicant or authorized person / Patent Agent along with name and date in the appropriate space provided in the forms.
9. The Specification shall be signed by the agent/applicant with date on the last page of the Specification. The drawing sheets should bear the signature of an applicant or his agent in the right-hand bottom corner.
10. If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it would be sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
11. The Application form shall also indicate clearly the source of geographical origin of any biological material used in the Specification, wherever applicable.
• The patent office provides the facility to provide application online from the native place of the agent of the applicant or the applicant.
• For e-filing, the applicant/agent must have a Digital Signature Certificate (DSC).
• For the first time, applicant/agent has to register as a new user and has to create login ID and password on the Patent office portal at http://www.ipindia.nic.in.
• Inventive Step; and
• Industrial Applicability