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Indian Patent System and Procedures

By: Muthu Senthil Kumar (mskumar86@myway.com)

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
• 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 of
human 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
• 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
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: - kolkata-patent@nic.in

2) The Patent Office,


Intellectual Property Office Building,
G.S.T. Road, Guindy, Chennai-600032,
Phone: 044-22502081-84 FAX: 044-22502066,
Email: chennai-patent@nic.in

3) The Patent Office,


Intellectual Property Office Building,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110075,
Phone: 011-28034304, 28034305, 28034306
FAX:011-28034301, 28034302
Email: delhi-patent@nic.in

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: mumbai-patent@nic.in
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