We, at InPatent, strongly believe that innovation starts with a simple ideaNo inventor can invent without an idea of what he is intended to create. Patents are the territorial rights that ensure protection of such idea if the basic patentability criteria (Novelty, Inventive step, and Industrial applicability) is qualified by the idea and it is not falling under restricted categories of inventions under section 3 & 4 of Indian Patent Law.

    Patent rights are negative rights. A Patentee can stop others from using, selling, distributing, manufacturing, and importing the patented product, if the “other” person is doing such acts without the permission of the patentee. Without a patent granted for the invention, it is not possible for innovator to enforce such rights, no matter how innovative the product is.

    Types of Patent Application in India

    There are 9 different kinds of Patent Applications are accepted at Indian Patent office. However, primarily there are following three types of Indian Patent Applications.

    Ordinary Application
    This is a very general form of a patent application that can be filed at Indian Patent Office by an inventor. An Ordinary Patent Application does not claim priority from any foreign filed application. It means the invention is disclosed for the first time. An Ordinary application can be filed either as a provisional or complete specification. In case the application is filed with the provisional specification, the complete specification must be filed within 12 months of application date.
    Convention Application
    Indian Patent Office is a member of The Paris convention and therefore, any applicant from the member country of Paris Convention is permitted to file a Patent application in India within 12 months from the date of filing of first filing of the invention. In this type of applications, applicants claim priority from an earlier filed foreign patent application (Generally from their own country) but not later than 12 months.
    PCT National Phase Application
    Indian Patent Office is a contracting state of The Patent Cooperation Treaty (PCT).The patent Co-Operation Treaty provides for a mechanism in which an international application for the grant of a patent can be filed from India for all the contracting countries. The deadline to file a PCT National Phase application in India is 31 months from the date of priority.

    What can be patented?

    An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

    What is the criteria of patentability in India?

    An invention is patentable subject matter if it meets the following criteria –

    i) It should be novel.
    ii) It should have inventive step or it must be non-obvious
    iii) It should be capable of Industrial application.
    iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

    What types of inventions are not patentable in India?

    An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:

    i. an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

    ii. an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;

    iii. the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;

    iv. the mere discovery of a new form of a known substance which does not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

    Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in
    properties with regards to efficacy.

    v. a substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

    vi. the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

    viii. a method of agriculture or horticulture;

    ix. any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;

    x. plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

    xi. a mathematical or business method or a computer program per se or algorithms;

    xii. a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

    xiii. a mere scheme or rule or method of performing mental act or method of playing game;

    xiv. a presentation of information;

    xv. topography of integrated circuits;

    xvi. an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components;

    xvii. inventions relating to atomic energy;

    Sources: Indian Patent Office’s website

    What does a Patent grant gives to a Patentee:

    There are many benefits of having a registered Intellectual Property. Few of such are as follow:

    1
    Rights of the Ownership
    Once the Patent is registered, the patentee can stop others from using, making, selling, importing, or offing to sell the patented process/product in the jurisdiction of grant.
    2
    Branding
    Registered Patents give authenticity to the technical strength of the brand and hence play an important role in promoting technical advancement and quality of your products.
    Patent directly shows how serious the applicant/patentee is to create and adopt new and innovative processes/products for its customers.
    3
    Competitive Edge
    Patents, when registered, give an edge to owners of the IP above competitors.
    A protected idea of a product/process always provides a sense of secured business activity.
    4
    Legal Protection
    An owner of a granted Patent can always seek legal protection from the courts in terms of damages or injunctions if any infringement of his patented inventions occurs.
    5
    Business Value
    An Intellectual Property asset like Patents increases the value of the business in market.
    6
    Global Protection
    The owner can file applications for global protection of the inventions via Patents in various countries of the worlds by taking priority from the registered Indian Patent.

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