What is Patent?
Dr. Suchita Bhovar
Patent
• Patent is a grant for an invention by the Government to the inventor in exchange for full
disclosure of the invention.
• A patent is an exclusive right granted by law to applicants / assignees to make use of and exploit
their inventions for a limited period of time (generally 20 years from filing).
• The patent holder has the legal right to exclude others from commercially exploiting his
invention for the duration of this period.
• In return for exclusive rights, the applicant is obliged to disclose the invention to the public in a
manner that enables others, skilled in the art, to replicate the invention.
• The patent system is designed to balance the interests of applicants / assignees (exclusive rights)
and the interests of society (disclosure of invention).
Meaning of ‘Invention’ under Patent Law
• Sec.2(1)(J) - Invention” means a new product or
process involving an inventive step and capable
of industrial application
What is not an ‘Invention’?
• According to Sec 3 of the Patent Act, 1970
• Frivolous inventions
• Inventions contrary to well established natural laws
• Commercial exploitation or primary use of inventions,
• which is contrary to public order or morality
• which causes serious prejudice to health or human, animal, plant life or to the
environment
Patent System In India
• The Patent System in India is governed by the Patents Act, 1970 as
amended by the Patents (Amendment) Act, 2005 and the Patents Rules,
2003, as amended by the Patents (Amendment) Rules 2006 effective from
05-05-2006.
Types Of Patent Applications
• Ordinary Application
• Application for Patent of Addition (granted for Improvement or Modification of
the already patented invention, for an unexpired term of the main patent).
• Divisional Application (in case of plurality of inventions disclosed in the main
application).
• Convention application, claiming priority date on the basis of filing in
Convention Countries.
• National Phase Application under PCT (Patent Cooperation Treaty)
Who can apply for Patent?
• The inventor may make an application, either alone or
jointly with another, or his/their assignee or legal
representative of any deceased inventor or his assignee.
How is a patent obtained?
• File an application for patent
• With one of the patent offices based on territorial jurisdiction of the place of office or residence of the
applicant /agent o Pay the required fee
• Information concerning application form and details of fee available at www.ipindia.nic.in
• Guidelines for applicants also available on this website
• The Patent Office then –
• Conducts searches to ascertain the prerequisites
• Publishes the application
• Conducts in-depth examination
• Raises objection to the application
• Grants the patent
Specifications - Provisional specification
• Application for patent may be accompanied by the provisional
specification.
• It should contain the description of invention with drawing, if required.
• It is not necessary to include Claim.
• However, the complete specification should be fairly based on the matter
disclosed in the provisional specification and should be filed within 12
months.
Specifications - Provisional specification
• If the complete specification is not filed within 12 months the application is
deemed to have been 49 abandoned.
• Usually a provisional specification is filed to establish priority of the
invention in case the disclosed invention is only at a conceptual stage and a
delay is expected in submitting full and specific description of the invention.
• Although, a patent application accompanied with provisional specification
does not confer any legal patent rights to the applicants, it is, however, a very
important document to establish the earliest ownership of an invention.
Complete specification
• The complete specification is an essential document in the filing of patent
application along with the drawing to be attached according to the necessity.
• Complete specification should fully describe the invention with reference
to drawing, if required, disclosing the best method known to the applicant
and end with Claim/Claims defining the scope of protection sought.
• The specification must be written in such a manner that person of ordinary
skill in the relevant field, to which the invention pertains, can understand
the invention
Complete specification
• Normally, it should contain the following matter
• Title of invention,
• Field of invention,
• Background of invention with regard to the drawback associated with
known art,
• Object of invention,
• Statement of invention,
Complete specification
• A summary of invention,
• A brief description of the accompanying drawing,
• Detailed description of the invention with reference to drawing/examples,
• Claim(s),
• Abstract. The specification must start with a short title, which describes the
general nature of invention.
• The title should not contain anyone's name, a fancy name and trade name or
personal name or any abbreviation etc
