Information for Patent Filing in India

What is a Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Does Indian Patent give protection worldwide?

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

What can be patented?

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 section 3 and 4 of the Act.

Who can apply for a patent?

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

How can I apply for a patent?

A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with fee. 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 application. There is no extension of time to file complete specification after expiry of said period.

How a Patent Specification is prepared?

A patent specification can be prepared by the applicant himself or his registered and authorized agent. The patent specification generally comprises of the title of the invention indicating its technical field, prior art, draw backs in the prior art, the solution provided by the inventor to obviate the drawbacks of the prior art, a concise but sufficient description of the invention and its usefulness, drawings (if Any) and details of best method of its working. The complete specification must contain at least one claim or statement of claims defining the scope of the invention for which protection is sought for.

What is a provisional specification?

Indian Patent Law follows first to file system. Provisional specification describes the nature of the invention to have the priority date of filing of the application in which the inventive idea has been disclosed. It must be followed by a complete specification describing the details of the invention along with a statement of claims within 12 months after filing of the provisional application. If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned.

What is Complete Specification ?

The Complete Specification is a techno-legal document containing full scientific details of the invention and claims to the patent rights. In order to obtain a patent, an applicant must fully and particularly describe the invention therein claimed in a complete specification. The disclosure of the invention in a complete specification must be such that a person skilled in the art may be able to perform the invention. The contents of a complete specification would include the following.

Title of the invention.
Field to which the invention belongs.
Background of the invention including prior art giving drawbacks of the known inventions & practices.
Complete description of the invention along with experimental results.
Drawings etc. essential for understanding the invention.
Claims, which are statements, related to the invention on which legal proprietorship is being sought. Therefore the claims have to be drafted very carefully.
Abstract of the invention
If a biological material is mentioned in specification; source and geographical origin of the same is to be disclosed. For new biological material deposition number of the same along with complete address of the International Depositary Authority (IDA) to be included in the specification. [In India Institute of Microbial Technology (IMTech), Chandigarh is recognized as IDA]

Fees for Patent Filing

Sl. No.	On What Payable	Patent Fee Statutory Fee/Official Fee (INR)
		Natural person/ Startup	Small Entity	Large Entity
1	Application for a Patent (Provisional or Complete Specification) – Up to 30 Pages & 10 Claims	1600	4000	8000
2	For each sheet in addition to 30	160	400	800
3	For each Claim in addition to 10	320	800	1600
4	Statement and Undertaking	No fee	No fee	No fee
5	Declaration of inventor-ship	No fee	No fee	No fee
6	Request for Publication	2500	6250	12500
7	Request for Ordinary Examination	4000	10000	20000
8	Request for Expedited Examination	8000	25000	60000
9	Amendment of before grant	800	2000	4000
10	Amendment of Address Change	320	800	1600

* 10% extra fees payable in case of offline filing.

Term of patent:

The term of patent is for twenty years (20), provided the maintenance fee is paid at the end of every year.

Territorial Scope:

Patent laws are territorial, a separate patent must be obtained in each country. Indian patent office protects invention only filed in India.

What is patentable?

Only inventions are patentable. An invention must be new, useful and must involve inventive steps compared to closest prior art. A new and unobvious product, process, apparatus or composition of matter will generally be patentable.

Patentability searches:

Patentability search is a search for invention in hope of not finding the invention. The patentability search is an universal concept since inventions cannot be boundary constraint. But it is to be noted that the patent laws are territorial.

Computer databases search is quick and relatively inexpensively. Database searches are most useful in searching sophisticated inventions, which can be described by precise, well-known terms of art. They are much less useful in searching mechanical gadget type inventions.

No search will "guarantee" the patentability of any invention. The object is to make a reasonable assessment of the prospects for obtaining worthwhile patent protection. Search results are also useful in preparing a patent application.

Information required for conducting search:

To conduct a search the description, drawings or photographs of the invention, showing how it is made, operated and used would be helpful. Further details of any known prior art; a summary of the prior art's shortcomings; an explanation of how these are overcome by the invention; a list of any other advantages of the invention; and, details of any possible variants or modifications that could be made without departing from the general concept of the invention

What is not patentable invention?

1.an invention which is frivolous or which claims anything obviously contrary to whole established natural laws.

2.an invention the primary or intended use or commercial exploitation of which could be contrary to public.

3.the mere discovery of a scientific principle or the formulation of an abstract theory.

4.the mere discovery of any new property or new use for known substance or of the mere use of known process, machine or apparatus unless such known process result in a new product or employ one new reactant.

5.a substance obtained from mere admixture resulting into aggregation of properties.

6.mere arrangement or re-arrangement or duplication of known devices each functioning independently.

7.a method of agriculture or horticulture.

8.any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or animals.

9.plants and animals in whole or any part in whole or any part thereof other than micro organism but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.

10.a computer programme per se other than its technical application to industry or combination with hardware

11.a mathematical method or business method or algorithms

12.a literary , dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.

13.a mere scheme or rule or method of performing mental act or method of playing game.

14.a presentation of information

15.topography of integrated circuits

16. an invention which, in effect is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

17.invention relating to atomic energy.

What are the documents required for filling a patent application?

1.Application Form [form 1],

2.Specification (Provisional/Complete) [Form 2],

3.Statement and Undertaking by the applicant under section 8 [Form 3],

4.Declaration as to Inventorship [Form 5], and

5.Power of Authority (if the patent application is filed through a patent attorney)

6.Drawings (if any),

What happens to the application after filing?

Initially, a patent examiner examines the patent applications and then communicates the objections, if any, to the applicant via first examination report. The applicant has to meet up with the compliance of the patent office within specific time frame, if the applicant fails in doing so the application shall be abandoned. Otherwise the application is published in the patent gazettes issued by the patent office. The said published application is open public perusal and opposition. If there is no opposition the patent shall be granted.

Where can be apply :

The Patent Office Branch

Boudhik Sampada Bhawan, S.M. Road,

Near Antop Hill Post Office, Antop Hill, Mumbai. 400 037.

Tel : 022 -24137701, 24141026, 24150381

Fax: 022 -24130387, E-mail: mumbai-patent@nic.in

www.ipindia.nic.in

For further details visit to the following website :