PATENT IN INDIA

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


INVENTIONS  PATENTABLE

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

INVENTIONS NOT PATENTABLE

    1. Frivolous or obvious inventions.
    2. Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.
    3. 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
    4. 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.
    5. Producing a new substance by mere admixtures of substances.
    6. Mere arrangement / rearrangement or duplication of known devices functioning independently.
    7. Method of agriculture and horticulture
    8. 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.
    9. 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).
    10. A mathematical or business method or algorithms.
    11. A Computer Programme per se other than its technical application to industry or a combination with hardware.
    12. Aesthetic creation including cinematography and television production.
    13. Method for performing mental act or playing game.
    14. Presentation of information.
    15. Topography of Integrated Circuits.
    16. Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.
    17. Inventions relating to Atomic Energy.

     
 

REQUIREMENTS FOR FILING THE PATENT IN INDIA

  1. Full name, address & nationality of applicant (s) and inventor (s).
  2. Specification , provisional / complete drawings , claims and abstract.
  3. List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , alongwith date and application number.
  4. POWER OF ATTORNEY

PROCEDURE FOR THE GRANT OF PATENT

  1. After filing Patent Application in India, a Request for Examination is filed with the Patent Office
  2. Thereafter the application is examined by patent office and objections, if any, are raised thereto.
  3. After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.
  4. The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.

RENEWAL
The patent is renewed every year from the date of patent.

TERM OF PATENT
20 YEARS

 

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