| LEGISLATION | | | | contains the full description of the invention, and |
| The Indian law of patents is enshrined in the | | | | the best method of making the invention work. |
| Patents Act, 1970. The Act seeks to provide for | | | | The complete specification comprises a title, field |
| legal protection for inventions. The rights granted | | | | of invention, the background of the invention, the |
| under the Act, are operative in the whole of India. | | | | description of the related art, drawbacks of the |
| OBJECT | | | | prior art, the summary of the invention, the brief |
| The object of the patent law is to provides a | | | | description of the figures, the detailed description |
| statutory right to owner of the patent for a | | | | of the preferred embodiments, claims and |
| certain period of time and disclose invention to | | | | abstract. Complete specification must be filed |
| use it and practice that invention and make it | | | | within 12 months from the date of filing of the |
| work thus encourage scientific research and new | | | | provisional specification. |
| technology, stimulate new inventions of | | | | Claims are the most important component in the |
| commercial utility and pass invention into public | | | | patent specification as it is the legal operative part |
| domain after the expiry of the fixed period of the | | | | which define and determine the legal protection |
| monopoly. | | | | sought for. The extent of patent protection for |
| PRIORITY CLAIMS | | | | an invention shall be determined by the terms of |
| India is one of the countries party to the Paris | | | | the claims. The description and the appended |
| Convention so the right of priority are applicable. | | | | drawings may be used to interpret the claims. |
| The applicant may within the six months apply for | | | | FILING AND PROSECUTING PATENT |
| protection. | | | | APPLICATIONS |
| WHAT IS A PATENT | | | | The procedure for the grant of a patent starts |
| A Patent is an exclusive monopoly granted to an | | | | with filing of the patent application along with the |
| inventor over his invention for a limited period of | | | | prescribed fees at the patent office followed by |
| time. It provides an enforceable legal right to | | | | filing of request for examination in the prescribed |
| prevent others from exploiting an invention. | | | | format, after the publication of the application. |
| RIGHTS CONFERRED BY REGISTRATION | | | | The applications are examined substantively and a |
| Patent represents one of the powerful intellectual | | | | first examination report stating the objections is |
| property rights. The registration of a patent | | | | communicated to the applicant. Application may be |
| confers on the patentee the exclusive right to | | | | amended in order to meet the objections. If the |
| use, manufacture or sell his invention for the term | | | | applicant does not comply with the objection, the |
| of the patent. It means that the invention cannot | | | | application will be abandoned. After complying off |
| be commercially made, used, distributed or sold | | | | the requirements the application is published in the |
| without the patentee's consent. The patent rights | | | | Official Journal. At that time, opposition can be |
| can usually be enforced in a court of law. | | | | filed on limited grounds, but hearing is not |
| WHO CAN APPLY | | | | mandatory. Patent will be granted if the application |
| Any person claming to be the true and first | | | | is found to be in order. Then, the application and |
| inventor of the invention; | | | | other related documents will be open for public |
| Any person being the assignee of the person | | | | inspection. Thereafter, at any time after the grant |
| claming to be the true and first inventor in | | | | but before the expiry of a period of one year |
| respect of the right to make such an application; | | | | from the date of publication opposition on |
| Any legal representative of any deceased person | | | | substantive grounds is available. The whole |
| who immediately before his death was entitled to | | | | process typically takes at least two years. |
| make such application Patent Search; | | | | DURATION OF A PATENT |
| It is prudent to conduct searches as early as | | | | The tenure for patents is 20 years from the date |
| possible to avoid spending time and money | | | | of filing of the application for the patent before |
| re-inventing a known matter. A patent is not | | | | the patent office. It is the responsibility of the |
| granted to an invention if it is already available | | | | patentee to maintain an issued patent by paying |
| with the public either in the form of published | | | | the annuities until the patent expires. After 20 |
| literature or common knowledge. | | | | years term the invention claimed in the patent |
| PATENTABLE INVENTIONS | | | | falls into the public domain. |
| To be patentable, an invention must, in general, | | | | RESTORATION |
| satisfy certain criteria. The invention must be of | | | | Restoration of a patent that lapses due to |
| industrial applicability, must be new and must show | | | | non-payment of renewal fees can be made within |
| an inventive step which could not be deduced by | | | | one year of lapse. However, certain limitations will |
| a person reasonably skilled in the field. Above all, | | | | be imposed on the rights of the patentee when |
| its subject matter must be accepted as | | | | the patent is restored. |
| "patentable" under law. As for example, Inventions | | | | LIST OF INFORMATION REQUIRED FOR PATENT |
| which are frivolous or claim anything contrary to | | | | REGISTRATION |
| well established natural laws are not patentable. | | | | 1. Name address of the applicant. |
| There are also other specific categories of | | | | 2. Complete Specification. |
| inventions which are declared as non-patentable. | | | | 3. Drawing. |
| PATENT SPECIFICATION | | | | 4. Request. |
| The process of patenting typically involves | | | | 5. Abstract. |
| conducting prior art searches to distinguish the | | | | 6. Power of Attorney. |
| invention and develop a description that illustrates | | | | 7. Priority documents (if any). |
| the best method of working the invention. The | | | | There is no international or world patent. An |
| description of the invention is called specification. | | | | inventor has to file an application in each country, |
| Depending upon the sufficiency of the description | | | | where he seeks to protect his invention. |
| a specification may be either provisional or | | | | However, there are regional and/or International |
| complete Specification. | | | | treaties to facilitate the procedure to seek |
| PROVISIONAL AND COMPLETE SPECIFICATION | | | | protection like Patent co-operation Treaty (PCT) |
| A provisional specification is often the first | | | | or European Patent Convention (EPC). |
| application filed in respect of an invention, and | | | | Saket Agarwal |
| usually contains only a brief description of the | | | | Agarwal & Co. |
| invention. It need not contain claims. Compared | | | | Trademarks, Patent Attorneys |
| with the provisional, the complete specification | | | | 73, Ajanta Apartment, 36, I.P. |