What Is Patent?

A Patent is a monopoly right granted to person who has invented a new and useful article or an improvement of an existing article or a new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent, anybody can make use of the invention.

Who can apply for a patent?

• 1. Any Person being the inventor of an invention or his assignee can apply alone or jointly with any other person.
• 2. Applicant of a application in a basic convention country can apply by himself or through his assignee.

What Is Patentable Invention?

INVENTIONS PATENTABLE

• Art, Process, Method or Manner of manufacture;
• Machine, Apparatus or other Articles;
• Substances produced by Manufacturing
• Product Patent for Food / Chemical / Medicines or Drugs
• Computer Software which has Technical application to Industry or is used with Hardware

INVENTIONS NOT PATENTABLE

• Frivolous or obvious inventions.
• Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.
• Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature
• Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.
• Producing a new substance by mere admixtures of substances.
• Mere arrangement / rearrangement or duplication of known devices functioning independently.
• Method of agriculture and horticulture
• Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.
• The biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).
• A mathematical or business method or algorithms.
• A Computer Programme per se other than its technical application to industry or a combination with hardware.
• Aesthetic creation including cinematography and television production.
• Method for performing mental act or playing game.
• Presentation of information.
• Topography of Integrated Circuits.
• Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.

REQUIREMENTS FOR FILING THE PATENT IN INDIA

• Full name, address & nationality of applicant and inventor
• List of countries to claim priority , if any,
• POA
• Provisional or complete specification
• Drawing.
• Abstract of the invention.
• Priority document (if priority date is claimed).

Whether a Foreign National is competent to file patent application in India? Yes. A Foreign National residing abroad is not prohibited from making an application and obtaining the grant of patent in India.

Can a Firm or a Company apply for a patent? Yes. A Partnership firm, a Private or Public Ltd Company or a Corporation can apply for a patent. But they cannot invent and therefore cannot be termed as 'Inventor'. Hence such bodies can apply for patent as the assignee of the 'inventor' under the Indian Patents Act, 1970.

What are the stages for obtaining a patent? i) Specification ii) Examination of application iii) Advertisement and acceptance of complete specification in the Patent Gazette. iv) Opposition to the grant of patent, if any. v) Grant and sealing of the patent.

How long does it take to grant patent? At present on an average it takes about 3-4 years from the date of filing application.