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Who can file Patent Application in India?
What inventions can
be included in a Patent Application?
4. What inventions cannot be included in a Patent Application?
Jurisdiction for the
administration of Patent Application:
6. What is the procedure
for filing a Patent Application India?
A patent means that an exclusive right granted to an
inventor, for an invention of a product, a process, a new step, etc. In
general, a new way of doing something, or offering new technical solution to
the problem, which has not been offered/ used before, that is considered as an
invention for a limited amount of time, the government grants the inventor the
right to prevent others from creating, using, or selling the innovation without
their permission. A patent
is the granting of an intellectual property right by the
government to an inventor, for an invention of a technical product, process, new
When an inventor receives patent
protection, his or her creation becomes his or her property, which can be
bought, sold, rented, or hired and used as an asset, just like any other type
of property or business. Patents are intellectual property rights that are
restricted to a certain geographical area. Patents are territorial rights:
India patent right will only give inventor the holder rights in the Indian
premises and rights to stop others from importing the patented products into
the India. Patents are a form of incorporeal right of the inventor.
Who can file Patent Application in India?
The Patent Act
1970 under section 6 and 134 defines as to who can file Patent Application in
India, it is as follows:
§ A patent
application can be filed by an applicant either alone or jointly,
§ Any applicant who
claims to be the assignee of a real and first inventor (s)
§ By any applicant being
the assignee of person claiming to be true and first inventor(s)
§ By any legal
representative of any deceased person who can immediately after his death is
entitled to file the application.
inventions can be included in a Patent Application?
According to The Patent Act 1970, Patent Application can be filed for the
inventions other than those mentioned in section 3 and 4 under the act:
§ A patentable subject matter
A novelty means is any invention or technology which has not been anticipated by
publication in any document or any country, it is defined in section 2(l)
compared to existing knowledge, an inventive step or non-obviousness of an
invention or a technical improvement,
industrial application capability of
being made or used in an industry,
industrial application as defined in section 2(ac) of the act,
An invention having useful purpose.
inventions cannot be included in a Patent Application?
The Patent Act 1970 under section 3 and 4 defines as to what
cannot be filed in a Patent Application, it is as follows:
§ An invention which can be frivolous and contrary to the
established natural laws,
§ A scientific principle or the formulation of conceptual theory,
§ A procedural structure for surgical or remedial treatment on
humans or animals, to render them free from disease, or to amplify their
§ A procedure of cultivation or horticulture,
§ A procedure for production or breeding of plants and animals,
§ A pact or reshuffled or repetition of devices performing
independently in known way,
§ A mathematical or trade method or a computer program or
§ An artistic creation,
§ A scheme or rule or method for performing a mental act, or a way
of playing game,
§ An appearance of information,
§ An invention to atomic energy.
Jurisdiction for the administration
of Patent Application
Head Office is in Kolkata and four branches are: Kolkata, Mumbai, Delhi, and
Chennai. The patent office's appropriate office is either the patent office's head
office or a branch office, depending on which is located within which
of applicant or domicile; or
§ His place of business; or
§ The place where the invention
If the applicant has no business or habitation in
India, he or she must provide an address for service in India.
Territorial Jurisdiction Patent
The following states fall under the Jurisdiction of
the respective regional Patent Offices:
§ Mumbai: Gujrat, Madhya Pradesh and Goa,
Daman & Diu, Dadar &Nagar Haveli.
§ Chennai: Andhra Pradesh, Kerala, Tamil
Nadu, Mysore and Pondicherry, Laccadive, Minicoy and Aminidivi
§ New Delhi: Haryana, Himachal Pradesh,
Jammu & Kashmir, Punjab, Rajasthan and Uttar Pradesh, Chandigarh and Delhi.
§ Kolkata: The rest of India.
What is the procedure for filing a Patent
Patent Application is filed in two ways:
1. Online Patent Application: The online filing of patent application can be done
through the e-service portal of online patent registration that is Indian
Patent Office’s Electronic Patent.
2. Offline Patent Application: In offline filing of patent application, the applicant needs to
submit hard copies of the documents to the respective Patent Office.
§ Steps for online filing of Patent Application:
must go to the Indian Patent Office's official website and navigate to the
web-based Patent filing application, which is the complete e-filing gateway, https://ipindia.gov.in/e-gateways.htm
If the user
is already registered, the user must log in immediately; otherwise, the user
must register as a new user using the DSC manual.
The user can
choose between a new form for a new online Patent filing and any application
form based on the requirements for an existing online Patent filing.
of new application forms (or any other forms) (s).
relevant document as a PDF (if any), the user must save the draft.
Go to the
form that has already been created (s).
The user can
provide a mobile phone number for SMS alerts.
The user can
choose the drafted form (s) and proceed to sign the drafted form (s), after the
form(s) have been digitally signed, the user can proceed with the payment.
The user will
receive an acknowledgment receipt after making the payment.
§ Steps for offline filing of Patent
application for a patent shall be for one invention only and shall be filed in
Form-1 along with Provisional/Complete Specification, accompanied with the prescribed
fee as given in First Schedule, at an appropriate office.
provisional specification cannot be filed in case of Convention Application or
application filed under PCT designating India.
3. For applications with up to thirty pages of specification
and up to ten claims, the standard price will apply.
4. If the specification exceeds thirty pages or claims
are more than ten in number, additional fee as given in First Schedule is
payable. It should be mentioned that if the patent application and associated
documents are filed in physical mode, i.e. in hard copy format, an additional
cost of 10% will be charged.
A patent specification must be submitted with each
application. This must be completed in Form 2, where the complete/provisional
specification must be provided depending on the condition of the invention
(whether it is partially complete or completed). If a provisional application
is filed, a 12-month time period is allowed to complete the invention and file
the complete application.
§ Provisional Specification:- It should describe the nature of invention & contain the
description of essential features of the invention. There's no
need to offer claims or information about how it'll be done. Advantages of
risk of losing priority
to interested person to obtain financial support
extend the term
for exploring commercial feasibility
incurring further expenses, if no commercial possibility
§ Complete Specification:- A complete patent draft is required to be submitted along with the
application in for complete specification The patent draft is an important document since the patent office
will use it to determine whether or not a patent should be issued. The patent
application should include provisions that describe the invention's
applicability and outcome in considerable detail. It should also include the
necessary clauses including the intention to license the invention and
preventing competition from using and thereby, profiting from the invention.
Ensuring caution while drafting the patent application is warranted, meticulous
clauses that prevent the competition from using the technology should also be
patent specification filed by the patent applicant includes invention
information and patent claims, according to the procedure followed by the
Indian Patent Office. As it is well known, the most important aspect of the
patent application is the patent claims because the patent claims define the
scope of the invention.
Documents required for filing of
Once provisional patent
specification is filed, a
time gap of 12 months is given and complete specifications should
be provided to the Indian Patent office (IPO) within that time
period. Certain mandatory forms to be
filled while filing patent application are
§ Covering indicating the list of documents.
§ Complete specification in Form 2.
§ Statement and Undertaking in Form 3.
§ Declaration of Inventorship in Form 5.
No fee is needed for Form 2, 3 & 5. These forms
can be downloaded from https://ipindia.gov.in/form-and-fees.htm