The Indian patent system has been a long way with the prospect that the rulers of the UK establish the inventor protection law in 1856 and grant monopolistic rights to inventors and manufacturers.
What is a patent?
The patent shall be granted as an exclusive right by the Government for a limited period, taking into account the disclosure of the invention by the applicant. The patent owner has the exclusive right to prevent misconduct by third parties to manufacture, use, sell and provide patented products or processes in the country during the patent period.
Criteria of patentability
The Patent Law No. 2 (1) (j) of 2005 defines the "invention" as follows.
o New product or process
o Inventive steps and
o Industrial application is possible.
However, under the law, the "new invention" is a new invention, as stated in Article 2, Paragraph 1, Item 1,
"New invention" means any material not published in any document prior to the filing date of the full specification patent application, or that is not used in the country or elsewhere in the world, ie, subject It does not guarantee that it does not form a part.
Therefore it is a topic to discuss whether India follows absolute novelty or relative novelty.
Care to be done before application for patent application
o People who conduct academic research often owe publication of research results for academic reasons. Researchers should always keep in mind the possibility of commercial outcomes of the research. When researchers view commercial applications from research it would be prudent to postpone disclosure until patent applications are filed.
o We need to talk with technical experts and others to get assistance during the development of the invention, but this should be done based on confidentiality. Information is informed that it is strictly confidential and you are asked to sign a simple document that will not disclose the information until you obtain the permission.
o Adoption of an appropriate commercialization strategy involves simultaneously reviewing all technical, commercial and legal aspects. Initially, attention should be paid to the technical aspect, but when the patent application is filed, commercialization should proceed as soon as possible within the limited time scale provided by the patent system.
I can not invent
The following is not an invention based on Article 3 of the Indian Patent Act
(1) An invention which claims to be something mild or contrary to well-established natural law.
(2) invention which is a main objective or intended use or commercial exploitation that may be contrary to public order and morals, or that poses significant prejudice to the life, health or environment of a human being, animal or plant
(3) mere discovery of scientific principles, or formation or discovery of abstract theories of living organisms or non-living substances present in nature.
(4) mere discovery of new forms of known substances which do not result in a known increase in efficiency of the substance or which do not result in the discovery of new properties or new uses for known substances, or the results of their use. Known processes, machines or equipment are such that the other of such known processes results in a new product or at least one new reactant is carried out.
Explanation - In this case, the salts, esters, ethers, polymorphs, metabolites, pure forms, particle sizes, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substances, .
(5) A substance obtained from a simple mixture, which produces only a set of properties of its components or a method for producing the substance.
(6) mere arrangement or repositioning or replication of each known device
Work independently of each other in a known way.
7 Method of agriculture or horticulture.
(8) a process for the medical, surgical, curative, prophylactic diagnostic therapeutic or other treatment of animals, or for the purpose of eliminating or increasing the economic value of animals,
(9) Computer program itself, mathematical method, business method or algorithm.
(10) Literary works, dramatic, musical, artistic works, or other aesthetic works, including movie works and television works, are subject to copyright, design, entertainment laws and can not obtain patents.
(11) Schemes / rules / methods to implement spiritual acts or game methods.
12 Presentation of information.
(13) Topography of integrated circuits.
(14) Inventions that are traditionally knowledge or are agglomerates or copies of the known properties of traditionally known ingredients
Furthermore, inventions relating to nuclear power can not obtain patents under Article 4 of the Indian Patent Law.
Applicable person
The patent application of the present invention can be carried out by any of the following
Man:
(A) those claiming to be the truthful and first inventor of the present invention
(B) a person who is the transferee of the person claiming to be true and the first inventor with respect to the right to make such application
(C) the legal representative of the deceased person just before the death is eligible to apply for such application.
Appropriate agency for filing
In the case of the applicant or the applicant first mentioned as a patent co-applicant, it is usually necessary to apply at the limit of the area where the address or business office or the place of origin of the invention normally exists. Patents of procedures without business, location or location in India or the applicant of the parties obey the Indian service address given by the applicant or the party in the proceedings.
Documents necessary for applications of different types of patent applications and patent applications
1. Normal application
Documents that need to be submitted
o Application form
o Provisional or complete patent specification
o Information on corresponding foreign patent applications
o If a provisional specification is attached to the application, complete specifications submitted within 12 months together with the inventor's declaration of Form 5,
o If an attorney is filed by a patent attorney,
Regulation fee under Patent Rule 2003
For natural people
Rs. 1000, 30 sheets 100 for each specification sheet
10-Rs plus 200 for each claim
For non-natural people,
Rs. In addition to the Rs.400 of 4000, 30 each sheet of specification
For each claim in addition to 10-Rs 800
2. Application of Convention
Documents that need to be submitted
o Application form
o Completely declare the inventor's patent specification of Form 5,
o Power of attorney
o The English version certificate of the priority document shall be submitted within 3 months from the date of invitation from the administrator. If the priority document is written in a language other than English, English translation which is formally confirmed by the translator is also necessary
o Information on corresponding foreign patent applications
Regulation fee under Patent Rule 2003
For natural people
Rs. 1000, multiples of R 1000 in case of multiple priorities, very high priority
In addition to Rs.100 of 30, for each specification
10-Rs plus 200 for each claim
For non-natural people,
Rs. 4000, multiple of R 4000 in the case of multiple priorities
In each specification sheet, 30 Rs. 400
For each claim in addition to 10-Rs 800
3. International application
Documents that need to be submitted
o PCT / RO / 101 Application Form
Complete specification
o Preferred document (if any)
PCT Power of Attorney
Transfer commission Rs. For corporations 8000
Rs. 2000 for natural people
International filing fee 1086 USD
12 USD or more per sheet 12
PCT-Easy USD 78
The fee for international search differs according to the country selected
4. Domestic Phase Application
Documents that need to be submitted
o Application form
o A copy of the first international filing submitted
o We have published an international application with international search report (in English). If not English, the official English translation of the published international application.
o Information on corresponding foreign patent applications
o Inventor declaration of Form 5,
o If the priority document is not in English, confirm the English translation of the priority document.
o a copy of the amendment to the claim under section 19 (English) (and other statements)
Regulation fee under Patent Rule 2003
For natural person Rs. 1000, multiple of R Multiple Priority All 1000 insets
In addition to Rs.100 of 30, for each specification
10-Rs plus 200 for each claim
For non-natural people,
Rs. 4000, multiples of R All priorities are very high priority 4000 incase
In each specification sheet, 30 Rs. 400
For each claim in addition to 10-Rs 800
Specifications Patent specification
Provisional patent specifications describe the essence of the invention and should include a description of the essential features of the invention. You do not need to include details of claims and how it is executed. A complete patent application shall be filed within 12 months from the date of provisional patent application.
Advantages of provisional specification
o The applicant may obtain the priority date of the invention. There is no risk of losing priority
o The applicant can withdraw from interested parties in order to obtain financial support
o Extract de facto terms to 12 months
Use it to explore commercial feasibility
o Avoid the burden of further costs if there is no commercial possibility
o The inventor gains freedom to develop after provisional patent application
Contents of complete patent specification
Title of invention
The title should give a fair indication of the industry or technology to which the invention relates. It must be clear and concise.
Preamble
The following preamble must appear on the first page of Form 2, along with other details such as the title, name, address, nationality to be applied. The address may be either a business office or a residential area.
Field of the Invention
The description sets forth the scope of the present invention and indicates the subject matter to which the present invention pertains. The advantages of the present invention should be set forth to clarify the application area and preferred use of the invention.
BACKGROUND OF THE INVENTION
The description of the present invention fully explains the present invention, if available, by clearly distinguishing it from such closed prior art.
Purpose and explanation of the invention
This part clarifies the necessity of the present invention. The solution purchased by the present invention for technical problems related to existing technology must obviously be put out as an object.
This statement should explicitly state the remarkable novelty features of the invention for which protection is desired. This part is intended to clarify various aspects of the invention verbatim with independent claims and to complement omnibus claims in the context of infringement proceedings.
BRIEF DESCRIPTION OF THE DRAWINGS (Where drawings are available)
If there is a drawing, a brief description of all the drawings must be provided for easy reference.
DETAILED DESCRIPTION OF THE INVENTION
The details of the invention described herein should be sufficient for one skilled in the art to practice the invention by developing the necessary technical know-how independently. It can include example / drawing or both to explain and confirm the nature of the invention clearly.
Claim
It is necessary to ensure that claims are created to include more than the desire to be protected by that patent. It begins with extensive assertions and evolves toward narrower scope. Claims are clear and complete, and must be supported by explanation.
Signature with date
Under the signature, the name of the applicant or the authorized registered patent agent must be entered in a readable form with the date.
Available drawings
After the complete specification, the drawing referenced in the specification must follow. The drawing shall be submitted in accordance with Rule 15 of the Patent Rules 2003.
Abstract
Abstracts should provide brief technical information on the present invention. It starts from the subject of the invention and should be within a brief abstract of the invention, preferably less than 150 words.
Procedure according to the patent application stated in the application form
o If no confidential instructions are imposed under section 35 of the Act, all applications will normally be made public after the application date or the 18 month period from the priority date of the application. The applicant can request the issuance of an application 18 months ago by submitting an early issuance application form with a prescribed fee and prescribed form.
o A request for substantive examination by the applicant or other interested person shall be filed in a predetermined format within 48 months from the priority date of the application or earlier from the filing date, whichever is earlier.
o At the time of receiving a request for examination, the chief examiner normally issued a first examination report within six months from the date of the appeal request or six months after the issue date.
o After receiving the initial inspection report, you must comply with all objections filed by the Patent Office within 12 months from the date of the initial inspection report. If the examiner is not satisfied with the submission of the application, the examiner may further issue an examination report. Once all the requirements are met and the examiner is satisfied with the submitting of the applicant, the application will issue a grant. The grant will be notified in the journal of the JPO. Thereafter, the applicant is held for post-delivery opposition proceedings until one year from the date of such notice.
Patent period
The term of all granted patents is 20 years from the filing date. In the case of an international application based on PCT designating India, the patent period is 20 years from the international filing date based on the PCT. In order to keep the patent valid, we need to pay renewal fee every year. When applied within 18 months from the elapsed date, the patent can be repaired.
Conclusion
The Indian patent law has undergone a major change in recent years. India is a founding member of the WTO and access to TRIPS demanded that the patent law be further revised. India has joined the industrialized free market economy in this way.
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