Patent

What is a Patent?

A patent is a statutory right granted to an inventor for an invention under the Patents Act, 1970. It provides the inventor with the exclusive right to make, use, sell, or import the patented product or process for a limited period. In
return, the inventor must fully disclose the invention to the public. During the protection period, others cannot commercially exploit the invention without the patentee’s permission. Patent rights can be licensed, assigned, or commercially exploited. Once the patent term expires, the invention enters the public domain and becomes freely available for use

What is the Validity of a Patent?

Patent protection in India is granted for 20 years from the date of filing of the application. For applications filed through the Patent Cooperation Treaty, the term is 20 years from the international filing date.

Does an Indian Patent Provide Worldwide Protection?

No. Patent protection is territorial, meaning a patent granted in India provides protection only within India. However, an applicant may seek protection in other countries by filing applications in convention countries or through the Patent Cooperation Treaty within 12 months from the Indian filing date.

What Can Be Patented?

An invention can be patented if it satisfies the following conditions:

It is novel (new)
It involves an inventive step (non-obvious)
It is capable of industrial application

The invention must also not fall under the non-patentable categories specified in Sections 3 and 4 of the Patents Act, 1970.

Who Can Apply for a Patent?

A patent application may be filed by:

The true and first inventor
The assignee of the inventor
The legal representative of a deceased inventor Applications may be filed individually or jointly.

What are the Criteria for Patentability?

To qualify for patent protection, an invention must:

Be novel
Involve an inventive step
Be capable of industrial application
Not fall under non-patentable subject matter under the Patents Act, 1970

What Types of Inventions Are Not Patentable in India?

The following categories are not patentable:

Inventions contrary to natural laws
Inventions harmful to public order, morality, or the environment
Discovery of scientific principles or natural substances
New use of known substances without enhanced efficacy
Mere admixture of known substances
Arrangement or duplication of known devices
Agriculture or horticulture methods
Medical or surgical treatment methods
Plants and animals (except microorganisms)
Mathematical methods, business methods, computer programs per se
Literary, artistic, or aesthetic works
Mental acts or methods of playing games
Presentation of information
Topography of integrated circuits
Traditional knowledge
Inventions related to atomic energy

When Should a Patent Application Be Filed?

A patent application should be filed as early as possible. Filing a provisional application helps secure the priority date of the invention while giving the inventor 12 months to file the complete specification. Delays may result in loss of novelty if the invention is disclosed publicly.

Can an Invention Be Patented After Publication?

Generally, once an invention has been published or publicly disclosed, it cannot be patented due to lack of novelty. However, the Patents Act, 1970 provides a limited 12-month grace period in certain situations such as:

Display in government-notified exhibitions
Publication in recognized journals
Disclosure before a learned society

Is the Invention Kept Confidential?

Yes. Patent applications remain confidential for 18 months from the filing or priority date. After this period, the application is published in the Patent Journal and becomes available for public inspection.

What Types of Patent Applications Exist?

The following types of patent applications may be filed in India:

Provisional Application
Filed when the invention is still under development to secure a priority date.
Ordinary Application
Filed without claiming priority from any earlier application.
Convention Application
Filed claiming priority from an earlier application filed in a convention country. PCT International Application Filed under the Patent Cooperation Treaty to seek protection in multiple countries.
PCT National Phase Application
Filed in India within 31 months from the international filing date.
Patent of Addition
Filed for improvements or modifications to an existing patented invention.
Divisional Application
Filed when an application contains more than one invention.

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