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Patent Registration in India A Comprehensive Guide

Process of patent registration

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41 views8 pages

Patent Registration in India A Comprehensive Guide

Process of patent registration

Uploaded by

shayaquezafar777
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Patent Registration in

India: A Comprehensive
Guide
The Indian Patents Act, 1970, governs the process of obtaining and enforcing
patents in India. This comprehensive guide delves into the intricate steps
involved in securing patent protection for your invention, shedding light on the
crucial aspects of patent law and procedure.

by SHAYAQUE ZAFAR
Overview of Indian Patents Act,
1970
1 Introduction and Purpose
The Indian Patents Act, 1970, aims to protect inventions and
promote technological advancements within India. It defines
patentable subject matter, establishes application procedures,
outlines examination processes, and sets forth provisions for
enforcement.

2 Key Provisions
The Act encompasses a wide range of provisions, including
those related to novelty, inventive step, industrial applicability,
patent term, and infringement. It also establishes the
Controller General of Patents, Designs, and Trademarks
(CGPDTM) as the administrative authority for patent matters.

3 Amendments and Modifications


The Indian Patents Act has undergone several amendments
over the years, including those introduced in 2005 and 2015, to
align with international standards and address contemporary
challenges in intellectual property protection.
Patentable Inventions and Non-Patentable Subject Matter
Patentable Inventions Non-Patentable Subject Matter Exceptions
1. New inventions 1. Discoveries, scientific theories Certain inventions may be excluded from
2. Inventions with an inventive step 2. Mathematical methods patentability, such as those that are
contrary to public order or morality, or
3. Inventions with industrial 3. Literary, dramatic, musical works
those that exploit living organisms,
applicability 4. Schemes, rules, methods of
except for micro-organisms and non-
4. Processes, machines, manufactures, performing mental acts
biological processes.
compositions of matter
Patent Application Filing and
Documentation Requirements
1 Preparing the Application 2 Required Documents
A patent application must be The applicant needs to provide
filed with the CGPDTM in a supporting documents, such as
prescribed format, including a a declaration of inventorship,
title, abstract, description of power of attorney, priority
the invention, claims, and documents (if applicable), and
drawings if applicable. a fee payment.

3 Formalities and Procedures 4 Filing Options


The application must adhere Applicants can file a national
to strict filing requirements application directly with the
and meet the criteria for CGPDTM or opt for a PCT
patentability. Incomplete or application, which provides an
improperly formatted international filing route with
applications may be rejected. potential national phase entry
in India.
Patent Application Examination and
Publication
Formal Examination

1
The CGPDTM conducts a formal examination of the application
to ensure compliance with procedural requirements and filing
formalities.

Substantive Examination

2
Substantive examination assesses the invention's patentability
based on criteria such as novelty, inventive step, and industrial
applicability.

Publication of Application

3
If the application passes the formal and substantive
examination, it is published in the Indian Patent Journal, making
the invention publicly available.

Granting the Patent

4
Upon successful examination and publication, the CGPDTM
grants the patent, which provides exclusive rights to the inventor
for a specified period.
Grounds for Patent Opposition and Revocation
Grounds for Opposition Explanation

Lack of novelty The invention is not new or was publicly disclosed prior to the
filing date.

Lack of inventive step The invention is obvious to a person skilled in the relevant field
based on prior art.

Lack of industrial applicability The invention is not capable of being made or used in industry.

Insufficient disclosure The patent application fails to provide sufficient information for
a person skilled in the art to carry out the invention.

Misrepresentation The patent application contains false or misleading


information.
Patent Term, Renewal, and
Maintenance Fees
Patent Term Renewal Fees
A patent in India grants exclusive Annual renewal fees are payable
rights for a period of 20 years throughout the patent term to
from the filing date, subject to maintain the patent in force. Late
payment of annual renewal fees. payment may result in the patent
lapsing.

Maintenance Fees Early Termination


In addition to annual fees, certain A patent can be terminated early
maintenance fees are payable at if renewal fees are not paid or if
specific intervals during the the patent is revoked due to legal
patent term, typically at the 5th, challenges.
10th, and 15th years.
Enforcement of Patent Rights in
India

Civil Action Criminal Proceedings


Patent holders can initiate civil In certain cases, criminal actions may
lawsuits against infringers to seek be pursued against individuals who
injunctions, damages, and other knowingly infringe patents, leading to
remedies. fines and imprisonment.

Customs Seizure Alternative Dispute Resolution


Patent holders can request customs Patent disputes may be resolved
authorities to seize infringing goods through alternative methods like
being imported or exported. mediation, arbitration, or conciliation,
providing a less formal and
potentially faster approach.

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