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

A person or organization/company/firm who makes a formal application for grant of patent is an applicant. The applicant owns the right of a patent application. The inventors assign the patent to the applicant as part of patent filing procedure. The applicants can be more than one. Also an applicant can be a combination of an individual(s), individual(s) and organization(s), and organization(s).

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.

Naturally occurring micro-organisms are not patentable in India. However, genetically modified micro-organisms and their by-products are patentable.

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.

Traditional knowledge is not patentable in India.

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.

A patent is a right given to an applicant of the patent where others cannot copy his invention or cannot use it without his permission.

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.

Any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter is not in public domain or that it does not form part of the state of the art.

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.

It generally takes about 2–3 years from the date of filing of the application, subject to examination process and objections, if any.

The term of a patent is 20 years from the date of filing of the application.

The Controller General of Patents, Designs and Trademarks (CGPDTM) administers the Patent Office in India.

No, there is no concept of a worldwide patent. Patent protection must be obtained separately in each country where protection is required.

PCT stands for Patent Cooperation Treaty. It provides a unified procedure for filing patent applications to protect inventions in multiple countries.

A provisional application is filed when the invention is not fully developed but the applicant wants to secure an early filing date. A complete specification must be filed within 12 months from the date of filing the provisional application.

A complete specification fully describes the invention and discloses the best method of performing the invention known to the applicant. It must conclude with claims defining the scope of protection sought.

Examination is the process where the Patent Office reviews the patent application to determine whether it satisfies all legal requirements including novelty, inventive step and industrial applicability.

FER is the report issued by the Patent Office examiner listing objections or requirements that must be complied with before the patent can be granted.

The applicant must respond to the objections within the prescribed time period. Amendments or clarifications may be submitted to overcome the objections.

Yes, a patent application can be opposed before grant (pre-grant opposition) or after grant (post-grant opposition) on specific grounds as provided under the Patents Act.

Yes, a patent can be assigned or transferred through a proper assignment deed. The transfer must be recorded with the Patent Office.

Patent licensing is a process where the patent owner permits another party to use the patented invention under agreed terms and conditions.

If the renewal fees are not paid within the prescribed time, the patent lapses.

Yes, a lapsed patent may be restored by filing a restoration application within the prescribed time limit and fulfilling statutory requirements.

Patent infringement occurs when a person makes, uses, sells or imports a patented invention without the permission of the patent owner.

The patent owner may seek remedies such as injunction, damages or account of profits through legal proceedings.