Indian Patent System And Procedures

Indian Patent System and ProceduresThe specification must contain the following:
• Title, sufficiently indicating the subject matter
Abstract:• Relevant drawings
This is the article describes about the Indian• Full and particular description of the invention
Patent System and Procedure in a brief manner.• Details of its operation or use and the
It is useful to the readers who want to knowmethod by which it is to be performed
about the Indian Patent Law. If anybody wants to• Disclosure of the best method of performing
protect your invention in India, they can use thisthe invention
article to know some brief about the Indian• Claims defining the scope of the invention
Patent system and Procedures.substantiated by the disclosure
Indian Patent System:• Abstract providing technical information on
Patent is a monopoly right given by the countrythe invention
for the invention of the people to the exclusion of• Declaration as to the inventorship of the
all others of the particular country by someinvention.
limited period. The Patent is valid only in thatNormally every Patent application is published after
country which grants the Patent. There is no18 months of filing the application and objections
global Patent system is there in the world toare invited. Once the complete specification is
protect your invention across world. But thereaccepted, Controller notifies it to the applicant and
were 123 countries participating in the Patentalso advertises it in the Official Gazette.
Cooperation Treaty (PCT) of the WorldAny person interested in opposing the grant of
Intellectual Property Organization (WIPO). India is aPatent may give notice to the Controller of
part that cooperation from December 7, 1998.Patents for such opposition within 4 months from
Indian Patent Law has governed by the act calledthe date of advertisement of the acceptance on
Indian Patent Act, 1970 followed by thethe grounds like:
amendments 1998, 2002, 2003, 2005 and 2006.• The invention was wrongfully obtained by
According to an Indian Patent Act (IPA), athe inventor/applicant;
Patentable invention is defined as "a new product• The invention, as claimed in any claim of the
or process involving an inventive step and capablecomplete specification has been anticipated in a
of industrial application". According to IPA, thespecification filed for another Patent earlier; or
non-Patentable inventions are,• The invention as claimed in any claim was
• Inventions contrary to the Publicpublicly known/used in India before the Priority
• Inventions relating to the atomic energydate of the claim; or
• Invention contrary to well established National• The subject of the Patent is not an
lawinvention, within the meaning of the Act; or
• The mere discovery of the scientific principle• The information furnished is false; or
• Discovery of any living and non-living• Geographical origin of biological material is not
substance of naturedisclosed or falsely disclosed; or in the case of a
• Duplication of known devicesconvention application (an application filed in India
• Mathematical and Management solutionsfollowing a Patent application for the same
• Computer algorithms (covered by Copyrightinvention made in a convention country), the
Act, 1957)application was not made in the prescribed time.
• A substance obtained by a mere admixtureConvention country means a country notified as
of the componentssuch by the Central Government
• A method of agriculture or horticultureWhere the application for a Patent along with
• Any process for the medicinal, surgical,complete specification has been accepted either
curative, prophylactic other treatment of humanwithout opposition or after the opposition, a
beings and animalsPatent shall be granted if the applicant makes a
• Plants and animals in whole or part thereofrequest in the prescribed manner for a grant of
other than microorganismsPatent. The request has to be made within six
• Seeds and biological processes for productionmonths from the date of advertisement of the
of plants and animalsacceptance of the complete specification.
• A literary dramatic, musical or artistic workThe official address of the Indian Patent offices
including cinematographic work and televisionare mentioned below
productions (covered by Copyright Act, 1957)1) The Patent Office,
• Substances, which could be used as food orIntellectual Property Office Building,
medicine or drug;CP-2 Sector V, Salt Lake City, Kolkata-700091,
• Substances prepared or produced byPhone: 23671945, 1946, 1987,
chemical processesFAX-033-2367-1988,
Procedure for Obtaining Indian Patent:Email: - kolkata-patent@nic.in
An application for a Patent for an invention may2) The Patent Office,
be made by a person claiming to be the true andIntellectual Property Office Building,
first inventor of the invention or his assignee, orG.S.T. Road, Guindy, Chennai-600032,
by the legal representative of any deceasedPhone: 044-22502081-84 FAX: 044-22502066,
person who immediately before his death wasEmail: chennai-patent@nic.in
entitled to make such an application. An employee3) The Patent Office,
invention can be Patented by his/her employer willIntellectual Property Office Building,
be dependent on terms of contract between thePlot No. 32, Sector 14, Dwarka,
employee and employer.New Delhi-110075,
According to IPA 1970 (sec 4.4.3), A completePhone: 011-28034304, 28034305, 28034306
written or printed format of the invention isFAX:011-28034301, 28034302
required to submit to the respective PatentEmail: delhi-patent@nic.in
offices of India. The form of application for grant4) The Patent Office
of an Indian Patent asks for (i) full name, address,Boudhik Sampada Bhawan,
nationality of the applicant(s) and inventor(s), (ii)Near Antop Hill Post Office, S.M.Road,
Patent specifications, and (iii) whether anAntop Hill, Mumbai - 400 037.
application has been made or Patent granted in aPhone: 24137701, 24141026, 24150381, 24148165,
PCT or a convention country, which affords to24171457 FAX: 24130387
citizens of India, or applicants for Patents in India.EMAIL: mumbai-patent@nic.