Indian Patent Process

Indian Patent Process

“Indian Patent Global Services” is a professionally managed Patent Attorney firm based in Hyderabad, Telangana State, INDIA. We are specialized in dealing with inventions on the cutting edge of technology while providing patent services:

Patent

A patent protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made. It is an exclusive right granted by the authority to the applicants the right to use their invention and the way they desire and prevent others from making, using, selling, or importing the invention with out permission. This right is only for a limited period of time, within the country where it has been granted. In India it is 20 years. While science and technology has no political or geographic boundaries, laws are confined within geographic boundaries. Patent laws vary from country to country. 

Invention

  “Invention” means any new product or process involving an inventive step and capable of industrial application.

 

  • But it should not have been either disclosed / published in India or elsewhere.
  • The invention should not have been in prior public knowledge or public use in India.
  • An exception is given for those applicants who displayed in public exhibition (Govt. approved) or paper presented before a learned society to file an application within twelve months of such activity.
  • “Inventive step” means a feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
  • Capable of industrial application, in relation to an invention means that the invention is capable of being made or used in an industry.

Invention not Patentable in India

  • An invention which is frivolous or contrary  to well- established natural law;
  • An invention which is contrary to law or morality or injurious to public health;
  • The mere discovery of a scientific principle or the formulation of an abstract theory;      
  • The mere discovery of a new form of a known substance which does not result in  the enhancement of the known efficacy of that substance or any new property or  new use for a known substance;
  • A substance obtained by a mere admixture;
  • The mere arrangement or re-arrangement or  duplication of known devices;
  • A method of agriculture or horticulture;
  • Any process of treatment of human beings, animals to render them free of disease;
  • Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
  • A mathematical or business method or Computer program per se;
  • Topography of integrated circuits    &
  • An invention, which in effect, is traditional or which is an aggregation or duplication of known properties of traditionally known component(s).

Atomic energy

  • For inventions relating to atomic energy, no patent will be granted.

Defence

  • To be referred to Central Government for clearance.

Essential requirement for filing Patent Application in India
Information Required

  1. Full names and addresses of the Applicant as well as the Inventor.
  2. Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is one (1) year. [Application under the PCT route available.]

Documents for filing an application

  1. Application on Form 1(in duplicate).
  2. A provisional or complete specification (in duplicate).
  3. Abstract (in duplicate) in a separate sheet with in 150 words .
  4. Drawings, if necessary, (in duplicate).
  5. Proof of right to apply (in duplicate), if necessary.
  6. Power of attorney, if required
  7. Declaration as to inventorship, if necessary
  8. Certified copy of convention application
  9. Application fees*

Size of the document

  • All documents except affidavits shall be on A4 sheets  (29.7 by 21 cm)
  • Margin should be of at least 4cms on the top and left and 3cms at the bottom and right hand part.

Drawings 

Drawings shall contain- 
        a) Name of the applicant in the left hand top corner. 
        b) The number of sheets of the drawings and the sheet numbers              
             are to be provided in the right hand top corner. 
        c) The signature of the applicant or his agent in the right hand bottom corner. 

Contents of the Provisional Specification

  • Should contain title and description of the essential features of the invention.
  • Need not include the manner of performing the invention.
  • Should not contain claims.

Contents of the Complete Specification

Complete specification should have the following:-

    • Title of the invention
    • Field of Invention
    • Uses of the invention
    • Prior art
    • Drawbacks of the prior art
    • Comparison of prior art and the invention
    • Summary of the invention
    • Detailed description of the invention
    • Claims
      • Claims should relate to a single invention.
      • Claims should be clear and concise.
      • Claims should be supported by description.
      • Principal claim should define all essential novel features.
      • Preferred features may be given in the subordinate claims.

The Patent specification is an essential document in the filing of patent application along with the drawing to be attached according to the necessity. Patent specification shall fully describe the invention with reference to drawing, if required, disclosing the best method known to the applicant and end with Claim/Claims defining the scope of protection sought. The specification must be written in such a manner that person of ordinary skill in the relevant field, to which the invention pertains, can understand the invention. Hence whatever information is available with the inventor has to be provided in a structured manner under the following headings. Normally, it should contain the following matter-

  1. Description
  • Title of invention: It describes the general nature of invention. The title should not contain anyone’s name, a fancy name and trade name or personal name or any abbreviation etc.
  • Field of invention: Please give a brief on the field in which the instant invention belongs.
  • Background of invention and Prior art: Give a general review of the present scenario of the field of subject  Enumerate the prior art patents similar to the present invention with its abstract or claim1. You have to bring out the drawback associated with known art (existing system) and how your system overcome these draw backs.
  • Objectives of invention: Enumerate the objectives of the invention in brief.
  • Summary of invention: It should be prepared in such a way that salient features of your invention are explained in nut shell. By reading this one can understand the technical problem and solution with its usefulness.
  • Brief description of the accompanying drawing: But drawing, sketch/ flow sheet, should be given separately in the specification.
  • Detailed description of the invention: The specification should indicate those features which are essential for the operation of the invention with reference to the drawing. Further various embodiment of the invention also has to be provided. The description must be sufficiently detailed for someone who works in the same area of technology to be able to perform the invention from the information given in the description. 
  1. Claims

Claims are the exclusive right conferred by the grant of a patent. Only the patent claims define the scope of protection granted by patent. Hence the claims are the heart of a patent, in that they define the limits of exactly what the patent does, and does not, cover. That is, the patentee has the right to exclude others from making, using or selling, only those things which are described by the claims. The rest of the patent specification only helps explain the invention in detail. Claims define the contours of the features of the product or process for which Govt. gives legal rights when the patent is granted, as a reward for disclosing the invention by way of filing the Patent application. Hence Claim drafting is very important and has to be done by a professional.

  1. ABSTRACT

The abstract is a short summary of your invention, no more than a paragraph in about 150 words. Think of it as a condensed version of your patent where you can abstract – or take out and focus on – the essence of your invention.

Click here for Fee Schedule of Indian Patent Office

Click Here for Patent Process Flow Chart

Click Here for Invention Disclosure Format

Note: The details given above are only informative and not exhaustive. For further details, Click Here