A patent protects the application
of an idea. If an inventor creates a new, non obvious and useful machine, chemical, or process; or a new and non obvious design
or plant; and gets a patent, others are excluded from exploiting the invention
for a period of prescribed time. The inventor can en cash the profit from the
invention. Patents are granted for useful items and processes, such as drugs, machines, and new compositions of material.
WHAT INVENTIONS ARE PATENTABLE :-
No patent will be
granted in respect of an invention relating to atomic energy falling under the Atomic Energy Act, 1962.
Invention, in respect
of which only methods or process for manufacture are patentable are as follows :
In the case of invention
(a) claiming substances intended for use or capable of being used, as food or as medicine or drug; or
(b) relating to substances prepared or produced by chemical process (including alloys, optical glass, semiconductors
and inter-metallic compounds), no patent shall be granted in respect of claims for the substances themselves, but claims for
the methods or processes of manufacture shall be patentable. It may be noted that the said claims should relate to a single
method of process of manufacture.
WHAT IS A COMPLETE SPECIFICATION?
A complete specification
is a document drawn in prescribed form which contains the following:
(a) The title of the invention.
(b) A full description of the invention and its operation and use and the method by which it is to be performed;
(c) A disclosure of the best method of performing the invention which is known to the applicant and for which he
is entitled to claim protection, if necessary with the help of drawings, examples etc.
(d) A statement of claim or claims defining the scope of the invention for which protection is sought.
TERMS OF PATENT
a) In respect of an invention claiming the method or
process of manufacture of a substance, where the substance is intended for use, or is capable of being used, as food or as
medicine or drug, be five years from the date of sealing of the patent, or seven years from the date of the patent whichever
period is shorter : and
b) In respect of any other invention, be fourteen years from the date of the patent.
The first renewal fee will be due at the expiration
of the second year from the date sealing of the patent. Thereafter renewal fee should be paid at the expiration of every succeeding
year. Payment of renewal fee in advance is permissible. If the renewal fees is not paid within the prescribed period the patent
will cease to have effect on the expire of such period. However, it is advisable to get patent renewed for fourteen years
GENERAL INFORMATION FOR APPLICATION FOR PATENTS IN INDIA.
1. An application for a patent may be made by;
(a) a person claiming to be the true and first inventor of the invention;
(b) an assignee of the true and first inventor in respect of the right to make an application; and
(c) the legal representative of a deceased person who immediately before his death was entitled to apply.
2. Any person, who wishes to file a patent application, shall submit the following documents:
1) An application
in the prescribed form in triplicate.
2) A provisional specification
or a complete specification along with drawings, if any, in triplicate. In case of a convention application it is necessary
to file a complete specification along with the application.
3) Proof of right
to make the application in case the application is made by virtue of an assignment of the right to apply for the Patent.
4) A statement and
an undertaking regarding foreign application in the prescribed form in case the application is made by persons other than
resident in India and not being an assignee or legal representative of a person resident outside India.
5) A declaration as
to inventorship of the invention in the prescribed form may either be filed along with the complete specification or within
3 months thereafter obtaining
necessary extension of time, in case the application was accompanied by
specification in the
first instance or in the case of Convention application.
6) In the case of
convention application, certified copies of the specification or the corresponding document filed
by the applicant in the patent office of the convention country may either be filed along with the application or within 3
months thereafter or within such further period as the controller may on good cause allow.
7) A duly signed Appointment
of Patent Agent on the prescribed form with the name and designation of the signatory typed underneath the signature.
8) Description of
9) All documents and
copies of documents, except drawings must be sent in large and
legible with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size of approximately
33 x 20.50 (centimeters).
10) Drawings if any
executed on 33 x 20.50 (centimeters) with a clear margin of 1.50 cm width all round on Tracing Cloth or transparent or semi-transparent
sheet of film made of plastic or fiber glass.
NOTE: All documents must be submitted
in English language.
a) Name(s), address (es) and nationality (ies)
of the Applicant(s).
b) Name(s), address (es) and nationality (ies)
of the inventor(s).
c) If the Applicant is not the inventor :-