Indian Patent System and Procedures

8/14/2019 Indian Patent System and Procedures

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Indian Patent System and Procedures

By: Muthu Senthil Kumar ([email protected])

Abstract:This is the article describes about the Indian Patent System and Procedure in a brief

manner. It is useful to the readers who want to know about the Indian Patent Law. If

anybody wants to protect your invention in India, they can use this article to know some

brief about the Indian Patent system and Procedures.

Indian Patent System:

Patent is a monopoly right given by the country for the invention of the people to the

exclusion of all others of the particular country by some limited period. The Patent is

valid only in that country which grants the Patent. There is no global Patent system is

there in the world to protect your invention across world. But there were 123 countries

participating in the Patent Cooperation Treaty (PCT) of the World Intellectual Property

Organization (WIPO). India is a part that cooperation from December 7, 1998.

Indian Patent Law has governed by the act called Indian Patent Act, 1970 followed by the

amendments 1998, 2002, 2003, 2005 and 2006. According to an Indian Patent Act (IPA),

a Patentable invention is defined as a new product or process involving an inventive step

and capable of industrial application. According to IPA, the non-Patentable inventions

are,

Inventions contrary to the Public

Inventions relating to the atomic energy

Invention contrary to well established National law

The mere discovery of the scientific principle

Discovery of any living and non-living substance of nature

Duplication of known devices

Mathematical and Management solutions


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Computer algorithms (covered by Copyright Act, 1957)

A substance obtained by a mere admixture of the components

A method of agriculture or horticulture

Any process for the medicinal, surgical, curative, prophylactic other treatment ofhuman beings and animals

Plants and animals in whole or part thereof other than microorganisms

Seeds and biological processes for production of plants and animals

A literary dramatic, musical or artistic work including cinematographic work and

television productions (covered by Copyright Act, 1957)

Substances, which could be used as food or medicine or drug;

Substances prepared or produced by chemical processes

Procedure for Obtaining Indian Patent:

An application for a Patent for an invention may be made by a person claiming to be the

true and first inventor of the invention or his assignee, or by the legal representative of

any deceased person who immediately before his death was entitled to make such an

application. An employee invention can be Patented by his/her employer will be

dependent on terms of contract between the employee and employer.

According to IPA 1970 (sec 4.4.3), A complete written or printed format of the invention

is required to submit to the respective Patent offices of India. The form of application for

grant of an Indian Patent asks for (i) full name, address, nationality of the applicant(s)

and inventor(s), (ii) Patent specifications, and (iii) whether an application has been made

or Patent granted in a PCT or a convention country, which affords to citizens of India, or

applicants for Patents in India. The specification must contain the following:

Title, sufficiently indicating the subject matter

Relevant drawings

Full and particular description of the invention

Details of its operation or use and the method by which it is to be performed


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Disclosure of the best method of performing the invention

Claims defining the scope of the invention substantiated by the disclosure

Abstract providing technical information on the invention

Declaration as to the inventorship of the invention.

Normally every Patent application is published after 18 months of filing the application

and objections are invited. Once the complete specification is accepted, Controller

notifies it to the applicant and also advertises it in the Official Gazette.

Any person interested in opposing the grant of Patent may give notice to the Controller of

Patents for such opposition within 4 months from the date of advertisement of the

acceptance on the grounds like:

The invention was wrongfully obtained by the inventor/applicant;

The invention, as claimed in any claim of the complete specification has been

anticipated in a specification filed for another Patent earlier; or

The invention as claimed in any claim was publicly known/used in India before

the Priority date of the claim; or

The subject of the Patent is not an invention, within the meaning of the Act; or

The information furnished is false; or

Geographical origin of biological material is not disclosed or falsely disclosed; or

in the case of a convention application (an application filed in India following a

Patent application for the same invention made in a convention country), the

application was not made in the prescribed time. Convention country means a

country notified as such by the Central Government

Where the application for a Patent along with complete specification has been accepted

either without opposition or after the opposition, a Patent shall be granted if the applicant

makes a request in the prescribed manner for a grant of Patent. The request has to be


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made within six months from the date of advertisement of the acceptance of the complete

specification.

The official address of the Indian Patent offices are mentioned below

1) The Patent Office,

Intellectual Property Office Building,

CP-2 Sector V, Salt Lake City, Kolkata-700091,

Phone: 23671945, 1946, 1987, FAX-033-2367-1988,

Email: - [email protected]



G.S.T. Road, Guindy, Chennai-600032,

Phone: 044-22502081-84 FAX: 044-22502066,

Email: [email protected]



Plot No. 32, Sector 14, Dwarka,

New Delhi-110075,

Phone: 011-28034304, 28034305, 28034306

FAX:011-28034301, 28034302

Email: [email protected]

4) The Patent Office

Boudhik Sampada Bhawan,

Near Antop Hill Post Office, S.M.Road,

Antop Hill, Mumbai - 400 037.

Phone: 24137701, 24141026, 24150381, 24148165, 24171457 FAX: 24130387

EMAIL: [email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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For Patent e-filing https://ipindiaonline.gov.in/on_line

Keywords:

Indian Patent, Indian Patent system, Indian Patent law, Indian Patent office, Indian Patent

procedures, Indian Patent Act, IPA, Indian Inventions
https://ipindiaonline.gov.in/on_linehttps://ipindiaonline.gov.in/on_linehttps://ipindiaonline.gov.in/on_line

Indian Patent System and Procedures

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