Patent is an exclusive right granted by a country to the owner of an invention. Exclusive rights means only the inventor can make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in law. The patent registration in India gives the patent right for 20 years.
Patent is given for any process or product which is an invention. An invention is different from discovery. Discovery is something which is already existed but not found. Whereas an invention is new. All inventions cannot be patentable. They must fulfill the conditions of patentability. The conditions are given below:
- Novelty: It means the invention should not be any prior disclosure of information contained in the application of patent.
- Inventive Steps (Non-obviousness): It is the technical advancement or economic growth which makes the invention non obvious to a person skilled in art. An invention shall not be considered as inventive step, if it is obvious to a person skilled in art.
- Industrial applicability: An invention must be capable of industrial application. It must satisfy the following three conditions, cumulatively:
- It can be made;
- It can be used in at least one field of activity
- It can be produced with the same characteristics as many times as possible
Even if you fulfill the above conditions, the following patents cannot be registered as per law.
- A frivolous invention or which is obviously contrary to natural laws.
- An invention which could be contrary to public order or morality or which causes serious prejudice to human, animal, plant or to the environment.
- It is mere discovery of scientific principles or formulation of abstract theory or discovery of living or non living things.
- It is mere discovery of a new form of a known substance or process which does not result in the enhancement of the known efficacy or use of that substance or process.
- A substance or process, as a result of admixture resulting into aggregation of the properties of the components.
- Arrangement or rearrangement or duplication of known devices.
- A method of agriculture or horticulture
- any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
- plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
- a computer programme per se other than its technical application to industry or a combination with hardware;
- a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
- a mere scheme or rule or method of performing mental act or method of playing game;
- a presentation of information;
- topography of integrated circuits;
- an invention related to traditional knowledge or which results in traditionally known component.
How to do patent search in India?
Before investing huge capital, one should do patent search for the process or product to be used or manufactured the startup. It helps us to know the possible infringement.
How to do patent registration in India?
Registration of patent can be applied at the head office of the Indian Patent Office or its branches depending upon the jurisdiction of the applicant. The applicant could be the inventor, his assignee or legal representative.
Separate application should be made for each application. The application can be filed online or offline.
The most important part in Patent application is the specification of the invention. It should be written by a person having technical and patent law expertise. If you are serious about the patent registration then use the service of patent practitioners to write comprehensive specification for you.
The specification is submitted in form 2 along with application in Form 1. So initially you need to file Form 1, Form 2 Form 3 and Form 5. Then you receive patent application number. You can also choose to file Form 9 & Form 18. To expedite the process of patent registration you need to file Form 9 & Form 18 at an early stage.
You can also choose the online registration of Patent. The online process chart is given below:
The above information is knowledge purpose only. You should take the help of expert to file patent registration in India.