If the idea involves a technical product/process or combination of both then it can be protected by filing a patent application. This is called utility patent application.
If the requirement is to protect the aesthetic look/ design of the product then file an application for design.
If it’s a logo or a brand name then file an application for Trademark.
If it’s a literary or artistic then it can be protected by filing an application for copyright.
A person who creates something involving technical product/process or combination of both through one’s intellect and who contributes for the technical/product or process can be listed as an inventor. There is no limit in the count of inventors to be listed in an application for patent
Yes, an inventor and applicant can be the same person(s). But any legal entity i.e. organization/company/firm cannot be an inventor. Inventor is always an individual.
Software “per se” is not patentable in most of the countries but its application is patentable under the category of computer related inventions. Both software and Business method patents are granted on case by case basis.
Section 3k of the Indian Patents Act, 1970, deals with non- patentability issues of software and business methods.
Discovery is not patentable in India. Any substance occurring in nature, whether living or non-living is not patentable. Some countries allow a patent to be given for discoveries. For Example: United States.
Section 3c of the Indian Patents Act, 1970, deals with non- patentability issues of discoveries.
Mere improvements in chemical substance are not patentable in India. A significant improvement in the properties of the chemical substance is essential to qualify for a patent. Some examples of mere improvements are: Isomers, Isotopes, Salts, Esters etc.
Section 3d of the Indian Patents Act, 1970, deals with non- patentability issues of mere improvements in chemical substances.
Section 3j of the Indian Patents Act, 1970, deals with non- patentability issues of micro-organisms.
The Patents Act, 1970 as well as the Biological Diversity Act, 2002 stipulates that the source and geographical origin of the biological material should be clearly disclosed in the patent specification. Further, according to the provision of Section 6 of the Biological Diversity Act, if the biological material used in the invention is from India, permission from the National Biological Authority has to be obtained by the applicant, and the same should be submitted to the Patent Office before the grant of patent.
Video games and board games are not patentable in India. However, if there is a novelty, has an inventive step and the concept is applicable in a new way then, it may be granted a patent.
Section 3k of the Indian Patents Act, 1970, deals with video games patentability issues.
Section 3p of the Indian Patents Act, 1970, deals with Traditional Knowledge non- patentability issues.
If the idea or related work has been displayed publicly, then within 12 months of such display an application for patent protection may be filed, subject to some provisions.
If the idea or related work has been discussed as a class room lecture, then within 12 months of such discussion an application for patent protection may be filed, subject to some provisions.
A Utility Application is filed to obtain a protection for a technical product/process or involving both. A design application is filed to protect the ornamental and non-functional aesthetics of a product.
One can apply for a patent before creating a prototype. However, it is important that the filed patent application should fully and particularly describe the invention and its operation or use and the method by which it is to be performed and disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection.
An idea may be described in what is called as a patent specification and filed accordingly. These are of two types: Provisional application and Non-Provisional/Complete specification.
A clear and elaborate description of the idea and its working accompanied by a clear set of drawings which explain the working of the idea involved.
A clear and elaborate description in the form of drawings submitted in duplicate. The drawings should be able to depict multiple views of the design idea like: front, rear, top, bottom, left side view, right side view and perspective view.
Novelty, Non-Obviousness and Industrial Applicability are the three essential features that all the patent applications should satisfy in order to proceed for grant. Examiner determines these three features to give a patent grant.
The latest or most sophisticated form of technology or highest level of technology reached so far. It is the highest technological achievement in the field till date.
Any invention or technology sufficiently different from an existing one. The person skilled in the field does not find the difference to be obvious or an easy change over the existing invention or technology.
Section 2(ja) of the Indian Patents Act, 1970 deals with Non-obviousness.
The invention is capable of being made or used in an industry and also should be practically usable in an industry.
Section 2(ac) of the Indian Patents Act, 1970 deals with Industrial Applicability.
Provisional application: Can be filed when the invention is still in the development stage. This application helps in sealing the filing date pending the completion of the invention.
Non-Provisional Application:When the invention is completely ready and each and every aspect can be described in detailed manner.
Sections 9 and 10 of the Indian Patents Act, 1970 deal with different types pf applications and their content.
Sections 9 and 10 of the Indian Patents Act, 1970 deal with different types pf applications and their content.
Based on the address for correspondence of the applicant the application can be filed with one of the offices located in Kolkata, Mumbai, Chennai and Delhi.
Sections 9 and 10 of the Indian Patents Act, 1970 deal with different types pf applications and their content.
An IP firm with qualified Attorneys and Patent agents are the best option to guide an applicant or an inventor for filing an application appropriately.
Sections 9 and 10 of the Indian Patents Act, 1970 deal with different types pf applications and their content.
As a filed patent application has to go through statutory procedures, an applicant need not wait until the grant of patent. Applicant can commercialize once the patent application has been filed and application number gets generated with a filing date.
Sections 9 and 10 of the Indian Patents Act, 1970 deal with different types pf applications and their content.
The patent pending status starts once a patent application is filed and gets an application number and a filing date. Patent pending doesn’t start from the date of sharing the invention details with the patent facilitator.
The patent application is published after 18 months from the date of filing the Indian patent application, unless an early publication request is filed. In case an early publication request the patent application is normally published within 1-2 months** from the date of filing such a request. The request can be submitted along with the application for filing. Section 11A of the of the Indian Patents Act, 1970 deals with examination of application
An application is eligible for examination only when a request for examination is filed. The time for filing such request is within 48 months from the date of first filing the application. The request can be submitted along with the application for filing.
It is the process in which upon the request of the applicant the patent office examines the non-provisional application whether it has fulfilled the criteria of patentability viz. Novelty,
Inventive step and Industrial applicability. Section 11(B) and section 12 of the Indian Patents Act, 1970 deal with examination of application.
Indian patent office provides provisions for expedited examination. If the one of the applicant is woman (all applicants should be individuals), a Startup certified by the Department of Industrial Policy and Promotion (DIPP), and a MSME certified company. Another provision is, if a PCT application is filed by choosing India as International Searching Authority then a request for expedited examination can be filed.
Yes, any person to whom the patent is of interest can file a post-grant opposition within 12 months of the patent grant being published in the register of patents. Post grant opposition is dealt in section 25(2) of the Indian Patents Act, 1970.
An aggrieved applicant or patentee can appeal to the Intellectual Property Appellate Board (IPAB). Section 116-117H of the Indian Patents Act, 1970 deals with IPAB.
This is referred to as patent infringement. A legal action can be taken accordingly in consultation with a qualified legal team. Sec.107 of the Indian patents Act, 1970 explains
This can be done by either applying individually in a country of interest to the applicant (the conventional route) (or) can be applied through a Patent Cooperation treaty (PCT) Application.
A Patent Co-operation Treaty is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in each of the countries which are the members of this treaty.
PCT facilitates only International Patent Filing which gives International Application Number and Publication Number. PCT provides limited timeline for filing patent application individually in each contracting state. PCT is not a Patent Granting or Rejecting Authority.
No, a patent valid in one country does not automatically give patent rights in another country. If the invention is patented in the country of interest outside India, then a case can be filed.
The lifetime of patent application is 20 years. The patent gets lapsed after the expiry of 20 years and cannot be extended by refiling the application for same product/process.
Yes, improvements can be definitely filed as patent application. But, the content related to the improvements cannot be added to the already filed patent application. A separate patent application called Patent of Addition has to be filed claiming the priority date of already filed patent application. The concept of Patent of Addition is dealt in section 54 of the Indian Patents Act, 1970.
Yes, any firm can file a patent in India by providing a correspondence address in India, a patent filing service provider’s correspondence can also be used as a correspondence address.
Yes, a patent application can be filed outside India by obtaining a Foreign Filing License from Indian Patent Office.
Foreign Filing License:
(A) Foreign Filing License (FFL) requirement arises if the inventor do not want to file patent application in his country but outside. For example, for a proposed patent application to be filed for which the list of inventors hold Indian Citizenship, but are not interested for filing Patent with Indian Patent Office, the Foreign Filing License should be obtained from Indian Patent Office to file patent application outside India.
(B) Foreign Filing License (FFL) requirement also arises for a proposed patent application for which the list of inventors having different nationalities. This can be explained in two scenarios. For example, consider one inventor has Indian citizenship and the other inventor has US citizenship.
B1: If the applicant insists priority filing in USA, the inventor holding Indian Citizenship should obtain Foreign Filing License from Indian patent office.
B2: If the applicant insists priority filing in India, the inventor holding US Citizenship should obtain Foreign Filing License from USPTO.
