PATENT

PATENT RIGHTS IN INDIA

The Patent system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.

IT an exclusive right granted for an invention that provides a new way of doing something, or offers a new technical solution to a problem. It is a statutory right granted for a limited period of time to the person  by the Government for an invention, in exchange of full disclosure of his invention and excluding others from making, processing, using, selling  the patented product without his consent.

A patent is a grant by the India patent office.  Through this the patent owner maintains a monopoly for a limited period of time on the use and development of an invention.

For an invention to be patentable it should meet the following criteria –
i) Novelty i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.

ii) Inventive Step: If someone who was skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date 

iii) Industrial Applicability: Invention should be useful, such that it can be used in an industry.

Procedure of Patent Registration

Patent Documents can be filed either through online or at the patent office in respective jurisdiction: Kolkata, Delhi, Mumbai, and Chennai.

For online filing

Pre-requisite - Login ID & Password; Digital Signature ,Valid Debit/Credit/Net Banking facility for transaction.

 E-Filing Procedure

1. Form 1

2. Provisional/Complete specification in Form 2

 3 Description Claims

 3. Drawings (in pdf format);

 4. Figure of Abstract (in jpg format)

 5. Statement and Undertaking in Form 3

 6. Power of Attorney in Form 26)

7. Declaration of Inventorship in Form 5

8. Form 28 (in case the applicant is a small entity);

 9. Letter/documentary proof to prove the small entity status (if any);

10. Certified true copy of the Priority document (in case priority is claimed) in original, to be submitted within 6 months of filing the Application;

11. Priority Details

 12. Requisite Statutory fees

Statutory fees- For filing patent application

In case of Natural person- 1, 600

In case of small entity- 4, 000

In case of large entity- 8, 000

2. PUBLICATION - A patent application will be published automatically in the official journal after expiry of 18 months from date of filing of the application containing title, abstract, application no. and name of applicant.

Statutory fees-

In case of Natural person- 2,500

In case of small entity- 6,250

In case of large entity- 12,500

3: OPPOSITION (IF ANY)

1.      Pre grant Opposition - Upon publication but before the grant of patent, any person,  on different grounds may file a pre grant opposition, in writing, represent by way of opposition to the Controller against the grant of patent. However the opposition will be taken by the patent office only after the filing of Request for Examination. It may be filed within 3 months from the date of publication of the application.

2.       Post grant Opposition -Upon grant of patent any interested person, on different grounds may file a post grant opposition to the Controller against the grant of patent. Time limit: Within one year after the grant of a patent.

4: REQUEST FOR EXAMINATION

No Request, No Grant In Form 18 within period of 48 months from date of filing or priority, whichever is earlier.

5: FIRST EXAMINATION REPORT

After proper examination of patent application on the criteria of novelty, inventiveness and industrial application, the Patent Examiner will issue a First Examination Report (FER) and will send along with the application and specification to the applicant or authorized agent.

6: AMENDMENT OF OBJECTIONS BY THE APPLICANT

The issued FER give an opportunity to the applicant to file a response and overcome the objections raised by the Examiner. Time limit: Within 12 months from the date on which the First Examination Report has been issued to the applicant.

7: GRANT OF PATENT

 The Controller will grant the application upon satisfactory response by the applicant to overcome all of the objections raised in the FER. On the grant of a patent, the application will be accorded a number, called serial number in the series of numbers accorded to patents under the Indian Patents Act, 1970.

8: RENEWAL FEES

1. To keep a patent in force, the renewal fees shall be payable at the expiration of the second year from the date of the patent and the same shall be remitted to the patent office before the expiration of the second or the succeeding year.

2.The number and date of the patent concerned and the year in respect of which the fee is paid shall be quoted.

3. The annual renewal fees payable in respect of two or more years may be paid in advance.

Key Points

·         Patent application should be file before publishing or disclosing the invention to public.

·         A patent owner cannot exercise his rights in a territory outside India.

·          It prevents others from copying invention without permission of the owner.

·         If an inventor wants protection in other countries then a separate application has to be filed for each country to obtain the worldwide right of patent over his product or process.

·          It gives protection for a period of 20 years in India and is renewable.

·          The person Get royalty by licensing patent for others.

Author: This blog is written by  Ms. Chanchal Sharma, a passionate blogger of Aapka Consultant.

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