What is Patent?
patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use and sell an invention for a specified number of years. To get a patent, technical information about the invention must be disclosed to the public in a patent application. The complete patent registration process involves a series of steps which are to be mandatorily followed to get a patent in India.
There Are Three Basic Parameters for an Invention to Be Patentable, Which are:
- The invention must be novel, which means it must not already be in existence
- The invention must be non-obvious, which means that even a person who is well-versed in the area to which the invention pertains might not be able to come up with that invention without exerting or acquiring exceptional mental skills and ability
- Further, the invention must be beneficial to mankind and have a bonafide purpose. A useless or illegal innovation is Cannot Be Patented.
What is not Patentable in India?
As per Sections 3 and 4 of the Indian Patent Act, the following innovations are not Patentable in India:
- An invention that is frivolous or trivial
- An invention that claims anything obviously contrary to well established natural laws
- The mere discovery of a scientific principle
- Moreover, an invention whose primary goal or intended use is contrary to law or morality or is injurious to public health
- The formulation of an abstract theory
- Further, the mere discovery of a new form of a known substance, which does not result in the enhancement of the known efficacy of that substance
- 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
- A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
- Similarly, the mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way
- A method of agriculture or horticulture
Some more innovations that are not patented in India:
- Inventions relating to atomic energy
- Any process for the medicinal, surgical, curative, prophylactic, or any other type of treatment of people or animals or other creatures
- 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
- A mathematical or business method or a computer programme per se or algorithms
- Likewise, a literary, dramatic, musical, or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions
- Similarly, a mere scheme or rule or method of performing a mental act or method of playing a game
- Presentation of information
- Topography of integrated circuits
- An invention which in effect is traditional knowledge or is based on the properties of traditional knowledge.
Patent Registration Process:
Checking the patentability of the invention by performing a Search:
Before filing a patent application in India, one should perform a detailed patentability search to determine whether a patent for it will be available or not. You can use the below link to conduct the patentability search http://ipindiaservices.gov.in/publicsearch It is to be noted here that this step in itself is not mandatory.
Drafting of Patent Application:
- Once the search is complete and through, the next step involved is to prepare an application form in form 1.
- Each application has to be accompanied by a patent specification. This has to be prepared in form 2where one has to provide the complete or provisional specification depending upon the state of the invention(Whether its partially completed or completed). In case one files a provisional application, a time gap of 12 months is provided to finalize the invention and file the complete application.
- A patent draft will also be required to be submitted along with the application. The patent draft is considered a very important document as the same will be used by the patent office in deciding whether or not patent should be granted.
Filing Patent Application:
| No | Stages of the patent process | Form No. |
| 1. | Application for grant of patent | Form 1 |
| 2. | Provisional/complete specification | Form 2 |
| 3. | Statement and undertaking under section 8 (this is only required where a patent application is already filed in the country other than India) | Form 3 |
| 4. | Declaration as to inventorship | Form 5 |
| 5. | Forms submitted only by start-ups and small entities. | Form 28 |
Publication of Patent Application:
Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal.
Examining of Patent Application:
Every application filed for protection will be examined before a patent is finally granted. The application has to be made for examination in form 18. The earlier one makes a request, the earlier the application will be examined by the examiner. Once the application is filed, it is transferred to the patent officer who will examine the application to ensure the same is in accordance with the patent act and rules. A thorough search is conducted by the officer where he/she analyses the relevant technology in depth and the objections, if any, will be communicated. The report issued in this case is called the First Examination Report (FER).
Grant of Patent:
The patent is granted once all the objections raised by the officer are resolved.
Benefits of Patent Registration:
