Patents
What is a patent?
A patent is a document that gives a concise description of an invention that satisfies the criterion of patentability (novelty, non-obviousness and utility) at the time of filing of the patent application. The patent may also include the present state of the art, need of the invention, an abstract, a summary of the invention, and supporting drawings. The claims define the boundaries of the respective invention that belongs to the owner of the invention for a term of 20 years from the date of filing of the patent application. The claims of the patent confers upon the owner of the patent, the exclusive rights to prohibit others from making, using, selling, offer for sale, import the patented invention without the consent of the owner.
Important Landmarks in Patenting Inventions:
- Defining/Developing the invention
- Prior art search
- Specification drafting
- Claims Drafting
- Patent application filing in prescribed format
- Publication
- Examination
- Reply to the First Examination Report
- Decision of the Grant/Rejection of the patent
Types of Patents
The following two types of applications for patents can be filed:
1. Provisional Application- When the inventors think that they have reached a presentable form of the invention, but they still want to work further to come to a desirable form of the invention, a provisional patent application can be filed to take the priority on others in respect of the similar invention. The applicant is supposed to file the complete specification within 12 months from the date of filing of provisional specification. The provisional patent application is deemed to be abandoned if the applicant fails to submit the complete specification within 12 months from the date of filing of the provisional specification.
2. Ordinary Patent Application (Complete Specification): An ordinary patent application is an application filed in the patent office in pursuance of a patent without claiming any priority of application under process in the patent office. The complete specification is a techno-legal document which fully and particularly describes the invention and discloses the best method of performing the invention.
3. Application for Patent of Addition: When the applicant is of the view that he has come across an invention which is a slight modification of the invention for which he has already applied for/or has patent, the applicant can move for a patent for addition. The condition for application of patent of addition is that the new application should not involve any inventive step.
How to register a patent in India?
An application for a patent shall be for one invention only and shall be made in prescribed form and filed in the appropriate patent office by the applicant. The head office of the Controller of Patents is located in Kolkata. The branch offices are located in Mumbai, Delhi, and Chennai.
The provisional/complete specification should be submitted in Form 2 along with the application in Form 1 and other required documents in duplicate along with the prescribed fee. A patent application can also be filed electronically from any remote location through e-filing system. An interested person may refer the detailed manual on the web portal of the patent office of the Government of India.
A registered 'Patent Agent' is an authorised person to prosecute the patent application on behalf of the client in the patent office. A patent agent is authorised practice before the controller, and to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the controller under the Patent Act 1970.
What is a Complete Specification: Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject matter to which the invention relates. Every specification shall fully and completely describe the invention and its operation or use and the method by which it is to be performed. Every specification, whether provisional or complete, shall be made in Form 2.
PCT (Patent Cooperation Treaty)
The Patent Cooperation Treaty (PCT) is an agreement for international cooperation in the field of patents to simplify the patent system globally. This is a treaty for rationalization and cooperation with regard the filing, searching and examination of patent applications and the dissemination of the technical information contained therein. On 8th September 1998, India became a member of the PCT. The PCT patent applications are processed in two phases viz. International Phase and National Phase.