a detailed description to Procedure for registration of patents as mentioned under Patent Act, 1970.

1. Procedure for registration of
Patents
By Atul S. Jaybhaye
Assistant Professor
Hidayatullah National Law University, Raipur
B.A.,LL.M.,NET
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2. Introduction
Four Major steps:
a. Submission of application
b. Publication and examination of application
c. Opposition to grant of patent
d. Granting of patent
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3. Procedure to obtain a Patent
• Relevant Sections:
Sec. 6. Persons entitled to apply for patents:
a) true and first inventor of the invention;
b) the assignee of the person claiming to be the true
and first inventor.
c) the legal representative of any deceased person.
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4. Procedure to obtain a Patent
• Relevant Sections:
Sec 9. Provisional and complete specifications:
• Difference between provisional and complete
specification.
• Object of provisional specification- right of priority
over others.
• Time limit for filing complete specification- 12
months from date of filing application.
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5. Procedure to obtain a Patent
• Relevant Sections:
Sec. 10. Contents of specifications:
 Title of the invention.
 Description of the invention.
 Scope of the invention.
 Drawings/diagrams of the invention.
 Method of performing the invention.
 Technical information on the invention etc.
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6. Procedure to obtain a Patent
• Relevant Sections:
Sec. 11 A- Publication of Applications:
• Publication is prime stage for obtaining a patent.
• Object of Publication - Opportunity for opposition.
• Time of publication - 18 months from the date of
filing of the application or the priority claimed date,
whichever is earlier.
• The provision for early publication.
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7. Procedure to obtain a Patent
• Relevant Sections:
Sec. 12 Examination of Application:
• Request for examination (Sec. 11 B)
• Examiner to examine and submit report to the
controller.
• Search for anticipation for previous publication by
examiner.
• Communication of gist of objections to the applicant
by controller.
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8. Procedure to obtain a Patent
• Relevant Sections:
Sec. 25 Opposition to patent:
• Two types of opposition – pre-grant and post grant.
• Pre-grant opposition Sec. 25(1) of the Indian patent
(Amendment) Act 2005.
• Grounds for opposition:
 Wrongfully obtaining the invention
 anticipation by prior date, Prior claiming in India
 Prior public knowledge or public use in India
 Obviousness and lack of inventive step
 non patentable subject matter and so on…
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9. Procedure to obtain a Patent
• Relevant Sections:
Sec. 43. Grant of patent:
• The controller general of patents may allow the
application if:
a) the application has not been refused by the
Controller or
b) the application has not been found to be in
contravention of provisions of this Act.
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11. Rights of Patentee
• Right to exploit the patent
• Right to assign license
• Right to surrender the patent
• Right to sue in case of infringement
• Right to file patents of addition
• Right to file international application through PCT
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12. Thank you…
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