Patent Application

Patent Application in India

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What is a Patent?

patent is a right created by law which permits an inventor to exclude others from making, using, or selling the invention for a certain period of time.

Criteria to know if the invention is patentable

An invention has to meet the following criteria to be qualified as patentable:

  1. Novelty:  The invention intended to be protected is new and/or that the author is the first and original inventor.
  2. Inventive Step: The invention must not be obvious to a person with ordinary skill in the invention field of applicability.
  3. Industrially applicable: Invention should possess utility, so that it can be made or used in an industry.

Inventions which are not patentable as per the provisions of the Indian Patents Act

Patent Application - Documents Required

  1. Documents required for filing an application
  2. Application form in duplicate.
  3. Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.
  4. Drawing in duplicate (if necessary).
  5. Abstract of the invention in duplicate.
  6. Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate.
  7. Priority document (if priority date is claimed) in convention application, when directed by the Controller.
  8. Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application.
  9. Power of attorney (if filed through Patent Agent).
  10. Fee (to be paid in cash/by cheque/by demand draft).

Patent Application - Procedure

The inventor may make an application, either alone or jointly with another, or his/their assignee or legal representative of any deceased inventor or his assignee. It is the person who first applies for a patent is entitled to the grant. A prior inventor of the invention who applies subsequently will not get the patent as against the first applicant

  1. Write down the idea/concept with exhaustive details regarding Area of invention, Description of invention, how it works and advantages
  2. It is always better to include drawings, diagrams or sketches explaining working of invention.
  3. Check if the invention is patentable
  4. Patentability Search
  5. Publication of the Patent Application
  6. Request for examination
  7. Examination of the Application at the Patent Office
  8. Withdrawal of patent application
  9. Opposition proceedings to grant of patents
  10. Pre-grant opposition
  11. Grant of patent
  12. Term and date of patent
  13. Post-grant opposition

Patent Application in India

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Patent Application in India

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