What is a Patent?

A patent is a legal certificate that grants individuals or companies exclusive rights to protect their inventions, ensuring others cannot import, produce or sell their inventions without permission. Many inventors do patent filing for their innovations to shield their unique concepts from unauthorized use.

What is Eligible for patent filing in India?

In India, a diverse range of inventions can be granted patent protection. These encompass:

• Products: This encompasses novel and inventive tangible items like machinery, gadgets, chemicals, drugs, and fabricated goods.
• Processes or Methods: Patent registration in India can be obtained for innovative procedures or methods that present a fresh approach to performing a particular task or producing an item. This might cover manufacturing techniques, industrial processes or pioneering methodologies.
• Machines: Any innovative and practical mechanical inventions, especially those showcasing novel mechanisms or parts, are patentable.
• Manufactured Goods: Articles produced using a distinct method or possessing unique attributes can be patented.
• Chemical Formulations: Novel and inventive chemical substances, encompassing medicinal drugs, are eligible for patents.
• Biotechnological Discoveries: Advances in the realm of biotechnology, such as genetic modifications, gene mapping, and groundbreaking biotech processes, can be patented.
• Software and Digital Innovations: In certain cases, software and computer-related inventions that exhibit originality and inventiveness can be secured through a patent filing.

Steps for Patent Registration in India

Acquiring a patent registration in India involves a systematic procedure, commencing with a Patent Search and culminating in issuing a Patent Registration Certificate.

Here's a breakdown of the patent filing process in India:

Step 1: Conducting Patent Search

Begin the process with a thorough patent search to ascertain the invention's uniqueness. It's advisable to undertake patent searches before filing to gauge the novelty of your invention. If your invention mirrors prior art or closely resembles existing patents, its novelty might be contested by the Indian Patent Office. Hence, preliminary patent searches are pivotal to gauging the probability of patent approval.

Step 2: Drafting the Patent Specification

Upon completing the international searches, the next step is to draft the patent specification. This document, framed in technical and legal terms, may or may not incorporate the inventor's claims. Absence of claims indicates a provisional specification; presence denotes a complete one. The specification outlines the invention, offering a comprehensive description, practical instances, and the best implementation method. A patent is legally shielded when its specification, including the inventor's claims, is exhaustive.

Step 3: Filing the Patent Application

After preparing the Patent Specification, you can proceed with the patent application filing in India. Depending on the drafted specifications, applications can be either provisional or complete. The Provisional or Complete Specification is lodged in Form 2, whereas the Patent Application is in Form 1, in line with the Indian Patent Act. If you've filed a provisional patent specification, a complete one encompassing the inventor's claims should be submitted within 12 months. Ensure to pay the requisite patent registration fees along with the application.

Step 4: Publicizing Patent for Opposition

Post the patent application, the patent is listed in an official gazette for public scrutiny. This transparency enables the public to raise objections against the patent, provided they have valid reasons.

Step 5: Initiating Patent Examination

The patent application undergoes examination only after an explicit examination request has been made. This request should be made within 48 months from the patent's filing or its priority date. An assigned patent examiner then scrutinizes the application, releasing an examination report highlighting concerns. A response to this report must be dispatched within a year of its release. If needed, the examiner might summon the applicant or representative to a hearing to address these concerns, termed patent prosecution.

Validity of Patent Registration in India

In India, once a patent is registered, it remains valid for a period of 20 years from the date of filing the provisional or complete patent application. After the conclusion of this 20-year tenure, the patent becomes public property.