Patent registration can be obtained in India for an invention. Patent registrations are not applicable for all inventions, and the invention must satisfy certain criteria to be patentable in India.
What can be patented?
As per the Patent Act, for an invention to be patentable, the invention must be a new product or process, involving an inventive step and capable of being made or used in industry. It means the invention to be patentable should be technical in nature and should meet the following criteria –
- Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
- Inventive Step: The invention is not obvious to a person skilled in the art in light of the prior publication/knowledge/ document.
- Industrially applicable: Invention should possess utility so that it can be made or used in an industry.
Who can file a patent application?
A patent application for an invention can be made by any of the following persons either alone or jointly with any other person:
- The true and first inventor
- True and first inventor ‘s assignee
- The legal representative of the deceased true and first inventor or his/her assignee
The Patent Act defines the word “person” as including any natural person, company or association or body of individuals or government body, whether incorporated or not. In the case of a proprietorship firm, the application should be made in the name of the Proprietors. In the case of a partnership firm, the names of all personally responsible partners must be included in the patent application.
An assignee can also be a natural person or other than a legal person such as a registered company, LLP, a Section 8 Company, an educational institute or Government.
It is also important to note that true and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India. Th applicant is required to disclose the name, address and nationality of the true and first inventor.
Complete specifications registration of device patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims to the provided by the client which will be vetted by Agencerexpert. Inclusive of government fees and service tax.
Complete specifications registration of design and medical patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims to the provided by the client which will be vetted by Agencer expert. Inclusive of government fees and service tax.
Complete specifications registration of device, design or medical patents (non- provisional) with the Indian Patent Office. Invention description and drawings/ illustrations to be provided by the client. Abstract and claims specifications will be drafted by Agencer expert. Inclusive of examination report. Inclusive of government fees and service tax.
Filing Patent Application
While filing a patent application, provisional specifications or complete specifications can be filed by the applicant. The following is a list containing all documents that must be filed for obtaining patent registration:
- Patent application in Form-1.
- Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
- Provisional specifications, if complete specifications are not available.
- Complete specification in Form-2 within 12 months of filing of provisional specification.
- Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
- Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application if a request is made to the Controller in Form-4.
- Power of authority in Form-26, if the patent application is being filed by a Patent Agent. In case a general power of authority, then a self-attested copy of the same can be filed by the Patent Agent or Patent Attorney.
- Convention Application (under Paris Convention).
- PCT National Phase Application wherein requirements of Rule 17.1(a or b) or has not been fulfilled.
- Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable the early publication of the application.
- If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
- The Application form should also indicate clearly the source of the geographical origin of any biological material used in the specification.
- All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
- Provisional or complete specification must be signed by the agent/applicant with the date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right-hand bottom corner.