The Patents Act, 1970 is amended effective from January 1, 1995, & The Patents Rules, 1972 is amended effective from June 2, 1999, govern the patent registration system in India. The objective of crafting this article is to provide information about the patent registration system, different types of patent and application process to get the patent in India.
Grant of a patent registration confers upon the patentee, where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India, and where the subject-matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.
Registration of a design confers upon the registered proprietor the exclusive right to apply a design to any article in any class in which the design is registered. Any invention is said to be patentable if it satisfies the following three criteria:
- Novelty: The invention has to be new and cannot be part of the “prior state of art”. This prior art refers to everything that has been published, presented or disclosed to the public (example on a website, newspaper or in any research article), as on the date of filing for the patent.
- Inventiveness (Non-obviousness): An Inventive step means a feature of an invention that involves technical advancement as compared to the existing knowledge and that makes the invention not obvious to a person skilled in the art.
- Utility/Industrial Application: An invention must be capable of being produced or used in some kind of industry. It has to take the form of device or apparatus, a product such as some new material or an industrial process. An invention is certified for patentability if it can be manufactured or can be used in at least one field of activity or can be reproduced with the same features/ properties as many times as necessary.
Documents Required For Patent Registration
In India, the patent filing is becoming more popular. This is because of the awareness about the intellectual property rights. Under the Startup India Action Plan, you can be eligible to get an 80% discount in patent filing fee. Patent filing application demands different form and documents. Such as
- Patent application Form-1
- The proof of right to file the application from the inventor.
- Provisional specifications, in a case of complete specifications, are not available.
- The complete specification in Form-2 within 12 months of filing provisional specification.
- Declaration as to inventorship in Form-5
- Request for publication in Form-9
- Request for examination of application for patent in Form-18
- A power of authority in Form-26. This is applicable when an agent is filing on behalf of you.
- If the application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority.
Patent Registration Offices In India
a patent application can be manually filed at a patent office having jurisdiction by the applicant or through a patent attorney.
|New Delhi||Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075,|
Phone : 011-28034304, 28034305 28034306
|The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh.|
|Mumbai||Intellectual Property Office, Boudhik Sampada Bhawan, Near Antop Hill Post Office, S.M.Road,Antop Hill, MumbaiI – 400 037.|
Phone : 24137701, 24141026, 24150381, 24148165, 24171457
FAX : 24130387
|The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli|
|Kolkata||Intellectual Property Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091,|
Phone : 23671945, 1946, 1987,
|Rest of the India including Bihar, Orissa, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands.|
|Chennai||Intellectual Property Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032,|
|The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep|
The patent application form can be submitted online from http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin if you have a class 3 digital certificate. Alternatively, you can send true copies (hard copies) to the patent office. The patent office charges 10% additional fee if applications are filed offline.
Patent Registration Filing Procedure
The patent system in India deals with registration, renewal, transfer and protection of patent rights. To get the patent registration in India, you must follow the following steps.
It is recommended to conduct a search of the public database before applying for patent registration. It will help you to determine the novelty of the patent and its obviousness.
You must draft a patent application. The patent application must contain a legal document with scientific information constituting patent rights. patent specifications are of two types; provisional specification and complete specification.
After a successful filing of a patent application, you can publish it in the patent journal. You can’t publish the application for 18 months from the date of the filing of the application.
You must file a request for patent examination within the 48 months from the date of filing patent application. The patent examination will be done by an examiner. He will determine if the patent application satisfies the novelty, inventive step and other criteria established for granting patent registration.
After a submission of a satisfactory report from the examiner, you will get a patent registration. The term of validity of patent will be 20 years from the date of filing of the patent application.
This article about patent registration in India, has been crafted for information purpose only. It is recommended to talk with a patent registration attorney to get the job done in a single manner.