Registration oF Patents

The patent system in India is governed by the Patents Act, 1970.

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 patents should be obtained in each country where the applicant requires protection of his invention with in expire of 12 month from the application made in india.

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

An invention is patentable subject matter if it meets the following criteria -

(i) It should be novel.

(ii) It should have inventive step or it must be non-obvious

(iii) It should be capable of Industrial application.

(iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970

Here some situation of inventions are not patentable in India?

1. an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
2. an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment;
3. the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;
4. the mere discovery of a new form of a known substance which does not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
5. a substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
6. the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
7. a method of agriculture or horticulture;
8. any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
9. plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
10. a mathematical or business method or a computer program per se or algorithms;
11. a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
12. a mere scheme or rule or method of performing mental act or method of playing game;
13. a presentation of information;
14. topography of integrated circuits;
15. an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components;
16. inventions relating to atomic energy;

PROCEDURE OF REGISTRATION

PROCEDURE OF REGISTRATION

A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the provisional application. There is no further extension of time to file complete specification after expiry of said period.

one can file patent applications through comprehensive online filing system at https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin. 

It is mendatory  for filing of patent application, the user is required to obtain the Class III digital signature.

The types of applications that can be filed are: 

A) PROVISIONAL APPLICATION

B) ORDINARY APPLICATION

C) CONVENTION APPLICATION

D) PCT INTERNATIONAL APPLICATION

E) PCT NATIONAL PHASE APPLICATION

F) PATENT OF ADDITION

G) DIVISIONAL APPLICATION

A) PROVISIONAL APPLICATION Indian Patent Law follows first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a ―priority‖ date of the invention. Further, the inventor gets 12 months‘ time to fully develop the invention and ascertain its market potential and to file the complete specification.

B) ORDINARY APPLICATION 

An application for patent filed in the Patent Office without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office. Such type of application is known an ordinary application

Every application for patent is published after expiry of 18 months from the date of its filing or priority date whichever is earlier. 

Payment methods

The applicant can pay the fee either at cash counter or online through a comprehensive payment gate way which includes net banking, payment by Debit/Credit card. More than 70 banks are part of this payment gateway.

Generally, in order to file an application, an applicant is required to file Form 1 which is a request for filing an application and Form 2 which is either a provisional or complete specification or drawings if any. 

In addition to these, an abstract of the invention is also required. If the application is filed through a registered patent agent, a power of authority in favour of the said agent in Form 26 is also required. However, depending upon various circumstances, following forms may also be required. The application can be examined only after receipt of request for examination on Form 18

 Patent Agents are required to submit even those documents by electronic transmission that need to be submitted in original i.e. through scanned copies and then mandatorily submit the original documents within period of 15 days.

Following documents have to be submitted in original by patent agent after filing them

electronically:

i) The Authorization of Patent Agent or Power of Attorney

ii) Proof of the right to make an application

iii) Deed of assignment, certificate regarding change in name of the applicant, license agreement

iv) Declaration of inventor-ship

v) Priority document

the Government of India has formulated schemes to spur the innovative capabilities of the innovators who are from MSME‘S and Start-ups. i) MSME’s: A 50% fee concession is provided for MSMEs vis-à-vis large entities on patent filing fees. The concession was provided by means of a ii) A Scheme for facilitating Startups Intellectual Property Protection (SIPP) has been launched for encouraging innovation and creativity of Startups

Eligibility conditions for registration as patent agents are below.- A person shall be qualified to have his name entered in the register of patent agents if he fulfills the following conditions, namely— 

(a) he is a citizen of India; 

(b) he has completed the age of 21 years; 

(c) he has obtained a degree in science, engineering or technology from any university established under law for the time being in force in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,— 

i) has passed the qualifying examination prescribed for the purpose; or 

ii) has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity

Forms

1. Check for near similar /like documents through google patents https://patents.google.com or http://www.ipindia.nic.in
2. Application for grant of patent - Form F1
3. Provisional/Complete specification  Form F2
4. Statement and undertakint under section 8 form F3
5. Declaration as to Inventorship Form 5
6. Request for examination of application for patent Form F18