A patent is an exclusive right granted for an invention, which allows the patent holder to exclude others from making, using, selling, or importing the invention for a limited period of time, usually 20 years from the date of filing. It provides legal protection for an inventor's creation, incentivizing innovation and technological advancement.

 

Criteria for Patentability in India:

For an invention to be patentable in India, it must meet the following criteria:

• Novelty: The invention must be new and not have been disclosed to the public anywhere in the world before the date of filing the patent application.

• Inventive Step: The invention must involve a technical advancement compared to existing knowledge or have economic significance, making it non-obvious to a person skilled in the relevant field.

• Industrial Applicability: The invention must be capable of being made or used in any kind of industry.

• Not fall under Non-Patentable Subject Matter: The invention should not fall into the categories listed under Section 3 and 4 of the Indian Patents Act, 1970, which include things like discoveries of natural laws, abstract theories, mathematical methods, literary or artistic works, and methods of treatment of humans or animals.

 

Benefits of Patent Registration in India:

• Exclusive Rights: Patent registration grants the inventor exclusive rights to their invention for 20 years. This prevents others from exploiting the invention without permission.

• Legal Protection: A patent provides legal recourse against infringement, allowing the patent holder to take action against those who unlawfully use their invention.

• Market Monopoly: It can create a unique market presence, giving the patent holder a competitive advantage.

• Commercial Value: Patents are valuable assets that can be licensed, sold, or used to attract investment.

• Return on Investment: The exclusivity provided by a patent allows inventors to recoup their research and development costs and potentially generate significant income.

• Enhanced Reputation: Holding a patent can enhance a company's or inventor's reputation and credibility.

• Driving Innovation: The patent system encourages further research and development by rewarding inventors for their creations.

 

Registration Procedure for Patent in India:

The patent registration process in India involves the following key steps:

1. Patentability Search: Before filing a patent application, it is highly recommended to conduct a thorough search to determine if the invention is novel and patentable. This search can be done using the Indian Patent Advanced Search System (InPASS) on the official Intellectual Property India website (https://iprsearch.ipindia.gov.in/PublicSearch/) or international patent databases.

2. Drafting the Patent Application: This is a crucial step that involves preparing a detailed description of the invention, including its technical aspects, how it works, and the scope of protection sought (claims). The application typically includes:

   • Form 1: Application for Grant of Patent.

   • Form 2: Provisional or Complete Specification (a provisional specification can be filed initially to establish an early filing date, with a complete specification to be filed within 12 months).

   • Form 3: Statement and Undertaking under Section 8 (details of corresponding foreign applications, if any).

   • Form 5: Declaration as to Inventorship.

   • Drawings (if necessary to understand the invention).

   • Abstract of the invention.

3. Filing the Patent Application: The application can be filed online through the e-filing portal of the Indian Patent Office (https://ipindiaonline.gov.in/epatentfiling/goHome.do) or physically at the appropriate Patent Office (Kolkata, Delhi, Chennai, Mumbai, determined by the applicant's location). Online filing is generally encouraged and may have lower fees. A digital signature certificate (DSC) is required for online filing.

4. Publication of the Application: Generally, the patent application is published in the Official Patent Journal 18 months after the date of filing or the date of priority (if claimed). An applicant can request early publication by filing Form 9.

5. Request for Examination: The patent application is not automatically examined. A request for examination (Form 18) must be filed within 48 months from the date of filing or priority. Early filing of this request is advisable for quicker processing.

6. Examination: Once the request for examination is filed, a patent examiner reviews the application for compliance with the Patents Act and Rules, including novelty, inventive step, and industrial applicability. The examiner issues an Examination Report (FER) stating any objections.

7. Responding to Objections: The applicant must respond to the objections raised in the FER within 12 months from the date of its issuance. This may involve amending the claims or specifications and providing arguments to address the examiner's concerns.

8. Grant of Patent: If the examiner is satisfied with the applicant's response and all objections are overcome, the patent is granted and recorded in the Register of Patents. The grant is also published in the Official Patent Journal.

9. Post-Grant: Once the patent is granted, the patentee needs to pay annual renewal fees to maintain the patent's validity for the full term of 20 years.

 

Key Considerations

• Accuracy and Completeness: Ensure all information provided in the application and supporting documents is accurate and complete.

• Clarity of Claims: The claims define the scope of legal protection sought and must be clear and precise.

• Professional Assistance: It is highly recommended to seek the assistance of a registered patent agent or attorney to navigate the complexities of the patent registration process and to draft the application effectively.

• Fees: There are various statutory fees associated with filing, publication, examination, and grant of a patent, which vary depending on the applicant's category (individual, small entity, other) and the stage of the process.

 

Required Documents

• Patent application forms (as mentioned above)

• Technical drawings and specifications

• Digital Signature Certificate (DSC) for online filing

• Power of Attorney (if using agent)

• Proof of startup/MSME status (if applicable)

 

 Validity & Renewal

• Patent is valid for 20 years from the filing date

• Must be renewed annually from the 3rd year onwards with renewal fees

 

 Important Notes:

• If no complete specification is filed within 12 months of a provisional application, it is deemed abandoned

• Avoid public disclosure before filing; it may invalidate novelty

• Consider international protection through the PCT (Patent Cooperation Treaty) route