PATENT REGISTRATION IN INDIA
What can be patented:
Any new innovation in the realms of chemistry , chemical technology, engineering, non-conventional energy generation, medicine, polymer, paints, pigments, biotechnology and such other fields having industrial application.
Software per se is not patentable in india. However, software applied to or associated with hardware can be patented.
Any substantial improvement, either in performance or in cost-effectiveness can be made the subject matter of a patent application.
An application is to be made under the patents act and the patents Rules in vogue.
The following documents are required for the filling of the Application.
Application for Grant of patent.
Drawings in Support of the Application(if needed)
Declaration of Inventor.
Claim to priority, if any.
Sequence listing (for inventions relating to new genetic variety of biological species).
Statement and undertaking.
Request for early publication.
Request for Examination.
Approval from National Biodiversity Authority (for inventions using biological materials originating in india).
PUBLICATION AND REPRESENTATION
The application of a patent shall be published in the official gazette, 18 months from the date of filing. In case priority is claimed there will be publication to that effect. Publication allows third parties to file representations of Opposition.
An Examination is carried out by the Patent Office and where necessary, the applicant may have to make suitable amendments in the complete specification in order to meet the objections.
Grant of Patent and Post Grant Opposition
With the completion of the formalities, the Patent Office issues a notice intimating grant of the Patent. Subsequently, the Letters Patent will be issued.
After the grant of the Patent, post publication of the same in the Journal, it will be open to Interested Persons to oppose the grant with a specified time limit.
Maintenance of patent:
It will be necessary to pay renewal fee every year on of substantive, granted patent, reckoned from the third year of the effective date of the patent, barring a patent of addition.
PCT APPLICATION AND NATIONAL PHASE FILING:
India being a member of the WTO and a Party to the Paris Convention allows for the filing of Patent Application based on Priority Claim in the member countries.
An application in india may file a PCT Application within one year from the date of filing in india.
PCT allows for national phase filings where india is a designated Country in the International Application on the basis of basic Patent Application, claiming priority thereof.
Submission of annual statement of working:
It will be necessary to submit a statutory statement of working on every granted patent, even if there is no working in a particular financial year.
A Patentee gets the exclusive monopolistic rights to make, offer for sale, selling and importing of the protected articles, and also the option to license or to assign the ownership, either wholly or partially.
An Interested Person on prescribed grounds and only upon expiry of 3 years from the date of the grant can file an application for grant of Compulsory Licence.
Prior Art Search
Drafting of specification and claims for patent Application.
Opposition to the grant of patent.
Securing approval from National Biodiversity Authority.