1.      Introduction

2.      Who can file Patent Application in India?

3.      What inventions can be included in a Patent Application?

4.      What inventions cannot be included in a Patent Application?

5.      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 step, etc.

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.


What 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)

§  When compared to existing knowledge, an inventive step or non-obviousness of an invention or a technical improvement,

§  An 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.



What 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 profitable value.

§  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 algorithms,

§  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

The 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 territorial bounds.

§  Residence of applicant or domicile; or

§  His place of business; or

§  The place where the invention originated.

If the applicant has no business or habitation in India, he or she must provide an address for service in India.


Territorial Jurisdiction Patent Office Branch

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 Islands.

§  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 Application India?

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:

1.      The applicant 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

2.      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.

3.      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.

4.      Development of new application forms (or any other forms) (s).

5.      Attach the relevant document as a PDF (if any), the user must save the draft.

6.      Go to the form that has already been created (s).

7.      The user can provide a mobile phone number for SMS alerts.

8.      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.

9.      The user will receive an acknowledgment receipt after making the payment.






§  Steps for offline filing of Patent Application:

1.       Every 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.

2.       However, a 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.



Patent Specification

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 provisional specification:

1.      Priority for invention

2.      No risk of losing priority

3.      Liberty to develop

4.      Disclose to interested person to obtain financial support

5.      Virtually extend the term

6.      Utilize for exploring commercial feasibility

7.      Avoid 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 included. The 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 Patent Application

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 as follows:

§  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


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