A patant is the protection granted to the inventor for his novel invention. With patent protection, the right of the inventor is guarded to commercially exploit his/her invention. With the patent registration the inventor is provided to excludes other from use and sell his invention. The aim of patent protection is to encourage innovation and out of box thinking by providing the inventors the incentive by granting monopoly over their inventions for a limited period of 20 years. The applicant or the inventor has the right to making or manufacturing, using, offering for sale, selling, inporting, distributing and licensing his patented invention.
The Indian Patent Act, 1970 (Act), governs patent registration in India. As per the provision of the Act, the subject matter over which one is seeking patent should be novel, should involve inventive step and it should be capable of industrial application. Patent only protects invention of new product or process involving an invenive step and capable of industrail application.
The Section 3 (d) of the Act very in consonence with the aim of patent clearly explains as to what things cannot be regarded as inventions thereby prohibiting their registration. For example, inventions which are contrary to nature, contrary to morality, public order, human and animal health and safety, scientific principle or theory, new forms of known substance, methods of agriculture, medical process, species of plants or animals, mathematical or business model, games and duplication of traditional knowledge are barred from patent protection.
Documents required for filing of patent application
The patent registration application can be made by following persons:
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
An application for a patent can be filed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority of the invention. Delay in filing an application may entail some risks such as (i) some other inventor might file a patent application on the said invention and (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.
Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organised by the Government or disclosure before any learned society or published by applicant. The detailed conditions are provided under Chapter VI of the Act (Section 29-34).
Yes. All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.
It is not necessary to visit the patent office to file the application as online filing facility is provided. Only in case the application is required to be filed offline, the same can be filed physically at the counter of the Office. Moreover, all the communications with the office are made through emails. However, hearing proceedings relating to patent application can be attended with prior appointment on any working day during prosecution stage.
Generally, when an invention is not complete an application can be filed with provisional specification which is known as provisional application. This is useful in establishing a priority date for your invention. Moreover, it also gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.
Yes, the Patent Rules provides for different fee for individuals/Startups, SME‘s and legal entity. Details can be seen in the First Schedule of the Patents Rules, 2003 as amended from time to time.
After the grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed in the schedule I. For first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the patent will be ceased.
The patentee has choice to pay the renewal fees every year or he can pay in lump sum as well.
As per the Amendments in Patents Act 2016, sub-rule (4) of rule 7 provides that if the Controller is satisfied that during the process of online payment, the fees was paid more than once for the same proceedings, the excess fees shall be refunded.
To register copyright in India, several documents are considered essential. For instance, in the case of a literary work, there has to be a non-objection certificate (NOC) from the publisher if the work being published is not a work of the publisher, a NOC from a person whose picture appears on the work. If the same is for a commercial transaction, the ID proof of the owner and its incorporation certificate is considered mandatory. Apart from this, the registration form is to be accompanied by two copies of the original work, KYC of author/publisher, Search Certificate from the Trademark Office (if applicable) as well as a government-issued ID proof of the author of the work.
When an unknown printer took a galley of type and scrambled it to make a type specimen book.
No. This is a matter between the applicant and the patent agent. The Patent Office has no role in ascertaining the fee charged by a patent agent.
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