What is Patent

A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property.

The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a granted patent application must include one or more claims that define the invention. A patent may include many claims, each of which defines a specific property right. These claims must meet relevant patent-ability requirements, such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from commercially making, using, selling, importing, or distributing a patented invention without permission.

TYPES OF PATENT

In India only few kinds of patents are permissible and there categories are:

  1. Utility Patent: – This is the most important type of Patent it is granted on the functional aspect of the invention. This type of Patent is most sought after and requires a lot of skill in drafting of the application and prosecuting it before a Patent Office. The functional utility of the invention is protected.
  2. Design Patent:  -This type of Patent is granted to the ornamental or external appearance of the invention. If a design is of functional necessity then it cannot be registered for Design Patent. For e.g the aerodynamic shape of a plane cannot be registered as design patent, as the shape is very important for the smooth functioning of the invention itself.
  3. Plant Patent : –  This type of Patent is granted for Plant variety made through asexual reproduction of plant varieties. 

NON-PATENTABLE MATTERS IN INDIA

According to Section-3 of Indian patent act-1970. The following inventions are not patentable-

(a) obvious to natural laws

(b) cause damage to health of any living being

(c) living being or non-living being occurring in nature.

(d) new form of known substance with no significant improvement in efficiency

(e) mixture of two substances resulting in new substance

(f) obvious way of re-arranging things

(g) agricultural or horticultural methods

(i) any treatment for curing a disease of living beings.

(j) plants and animals, biological processes

(k) software, business methods or algorithms

(l) any copyrighted content

(m) any method of performing mental act or method of playing game

(n) a presentation of information

(o) topography of integrated circuits

For Full Details Over Non-Patentable Matter Please Go To Link – http://www.ipindia.nic.in/ipr/patent/eVersion_ActRules/sections/ps3.html

STAGES OF PATENT REGISTRATION IN INDIA

1) Provisional Patent Application – If a person has an IP in its nascent stage as idea or semi-developed prototype, then he/she can file a provisional application or specification in India. By doing the inventor secures his idea for a year’s period.

2) Complete Specification – Also known as non-provisional application or specification in India. This is filed when an invention is completely developed and inventor has all the specific technical data pertaining to the invention. The complete specification is either filed directly (if the inventor already possess all the technical details) or within one year of filing the provisional application. The complete specification is filed with claims and sometimes with experimental details.

3) Patent Publication – After filing the complete specification, the patent gets published in patent journal of India after 18 months from the filing or priority date. The priority date is first filing date for an application, it can be a provisional application date or directly a complete specification date. For more details please visit -http://ipindia.nic.in/ipr/patent/patents.htm

4) Patent Examination – After patent publication, an inventor can request for examination. After which an examiner is appointed to analyze the patent and its viability of getting grant. For more details please visit -http://ipindia.nic.in/ipr/patent/patents.htm

5) Payment of Annuities – After getting grant, an inventor has to file a patent annuities every four years to keep their patent sustained in the patent office.

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