Contains information regarding the steps or procedure to be follow while applying for patent application.

1. PATENT ACT

2. WHAT IS A PATENT?
A Patent is an exclusive monopoly rights granted
by the Government to an inventor over his
invention for a limited period of time. Patent is
recognition to the form of intellectual property
manifested in invention.

3. WHAT CAN BE PATENTED?
Any invention can be patented. However,
there are certain criteria that such invention
should fulfil, including:
• It should be novel.
• It should be non obvious.
• It should possess an inventive step.
• It should have industrial application.

4. WHAT IS MEANT BY ‘NOVELTY’?
Novelty simply means that the invention
comprising of a product or a process should not
have been anticipated by publication in any
document or should not have been used in the
country or anywhere in the world before the filing
of the patent application.

5. WHAT IS MEANT BY INDUSTRIAL
APPLICABILITY?
Industrial applicability means the invention
should be capable of being made or used in any
kind of industry.
Inventions which lack industrial applicability are
known as utility models. They are, unfortunately,
not protected in India.

6. WHAT CANNOT BE PATENTED
Inventions that fall under S 3 and 4 of the Patents Act cannot
be patented. These include inventions with regard to atomic
energy, inventions against public morality and decency,
agricultural and horticultural methods, medical and surgical
processes etc.

7. WHO CAN FILE A PATENT
APPLICATION?
The first and true inventor of the patent can
apply for a patent protection.
In the event of his/her death, the legal
representatives can file a patent application.
Further, if the patent is assigned to someone,
then the assignee can make such application.

8. WHERE SHOULD THE PATENT
APPLICATION BE FILED?
There are four Patent Offices in India-
Mumbai.
Chennai.
New Delhi.
Kolkata.

9. WHAT SHOULD THE APPLICATION
CONTAIN?
Your application for filing a patent should
contain the following documents:
• Application for grant of patent in Form 1.
• Proof of right to file the application from the
inventor. This is applicable if the invention has
been assigned to someone else.

10. • Provisional or complete specification in Form 2.
• Power of authority in Form 26 if filed through a
patent agent.
• Application should bear the signature of the
application or authorized person/ patent agent
along with the name and date.

12. WHAT IS MEANT BY A SPECIFICATION?
In order to obtain a patent, an applicant must fully and
particularly describe the invention for which the protection
is claimed. It can be either provisional or complete in nature.
A complete specification is given when the invention is
complete i.e. ready to use. On the other hand, a provisional
specification is given when the invention has reached a stage
wherein it can be disclosed on paper, but has not attained
the final stage.

13. WHAT IS MEANT BY A SPECIFICATION?
The disclosure of the invention in a complete
specification must be such that a person skilled in the art
may be able to perform the invention. This is possible
only when an applicant discloses the invention fully and
particularly including the best method of performing the
invention. However, this will not lead to misappropriation
of your invention. Any person who comes up with a
similar invention after you have filed for a patent will be
barred from doing so.

14. WHAT IS MEANT BY ‘PRIORITY DATE’?
Priority date is the date on which the first
application is filed for the invention. A
priority date is very important as this gives
precedence to your invention over all other
similar inventions that may come up in the
future.

15. WHAT HAPPENS AFTER THE
APPLICATION IS SUBMITTED?
Once the Patent office receives your application, a date and serial
number is allotted to it. The application is digitized, verified,
classified and uploaded to the internal server of the office. Next is
the screening of the application. The application is screened for any
international patent classification, technical field of invention for
allocation to an examiner in the respective field. The application is
also screened to see whether it bears any relevance to defence or
atomic energy and whether the abstract requires any correction or
completion.

16. WHAT HAPPENS AFTER THE
APPLICATION IS SUBMITTED?
Next, comes the scrutiny. The application is scrutinized
for appropriate jurisdiction, proof of right to file and
whether all the relevant documents have been
submitted. The invention is then examined by the
examiner and a report is prepared for the approval of
the Controller General.

17. WHAT HAPPENS AFTER THE
APPLICATION IS SUBMITTED?
After 18 months of the date of filing or the priority date
(whichever is earlier), the application for patent is
published in the official journal. Now comes the part
where the invention is open for pre-grant opposition.
Though the Patent Office scrutinizes the applications, in
order to be absolutely sure, a chance is given to the public
to file an opposition under the grounds listed under S 25
(1) of the Patents Act. This opposition has to be filed
within 6 months from the date of publication.

18. WHAT HAPPENS AFTER THE
APPLICATION IS SUBMITTED?
In the event of absence of an opposition, the
patent is granted and it is published in the
official journal.

19. WHAT ARE THE RIGHTS SECURED
THROUGH A PATENT?
With the grant of a patent, the inventor gets the exclusive
right to prevent any third party from making, using, offering
for sale, selling or importing for such purposes that product
in India.
Also, in the case of a process patent, the inventor gets the
exclusive right to prevent any third party from using,
offering for sale, selling or importing for such purposes the
product obtained directly by such process in India.