REGISTRATION OF PATENTS
A patent is a legal right allowed by the government to the original inventor or first claimed inventor to make, use, sell, license, import, and production. The privilege is tied in with keeping others from remaking or using the creations or inventions of yours without your explicit permission. The patent rights are avoided from outsiders or others. In the event that outsiders or third parties want to utilize the innovation, must take consent from the inventor. The patent rights are confined to a jurisdiction or nation on the grounds that each nation has their own Intellectual property laws.
A designer gets beneath referenced rights.
- Use
- Make
- Offer for Sell
- Licencing to somebody
- Import
As per The Patent Act (of India), 1970, only inventions can be patented [Section 2(1)(m)]. Further, Section 2(1)(j) of The Patent Act states, “Invention” means a new product or process involving an inventive step and capable of industrial application.
There are two types of Patent:-
IMPORTANCE OF PATENTS
Significant source of scientific and technical literature
- A fortune place of scientific inventions
- Avoids duplication
- Paves route for further discoveries
- Stop re-designing the wheel
- Identifies developing technologies, emerging areas
DOCUMENTS REQUIRED FOR FILING A PATENT APPLICATION
| Sl. No. | Particulars | Form No. |
| 1 | Covering letter indicating the list of documents; | |
| 2 | Application for Grant of Patent in duplicate; | Form 1 |
| 3 | Complete/Provisional specification in duplicate | Form 2 |
| 4 | Statement and Undertaking | Form 3 |
| 5 | Power of Attorney in original (if filed through attorney) | Form 26 |
| 6 | Declaration of Inventor-ship in (only in case of an Indian Application; | Form 5 |
| 7 | Request for examination | Form 18 |
| 8 | Requisite Statutory fees (cheque / DD) | |
| 9 | Request for publication. This is optional if express publication is required then we need to file a Form | Form 9 |
| 10 | only required to be submitted by small entity | Form 28 |
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PROCEDURE FOR PATENT REGISTRATION IN INDIA
Section 3 of the Act sets out a list of things that are not inventions (thus, not patentable) within the meaning of this Act and are as per the following:
1. An innovation which is frivolous or contrary of well – set up normal laws.
2. A invention which could be in opposition to public order or morality or which makes genuine serious prejudice to humans, creature or plant life or health or to the environment;
3. Mere discovery of an abstract theory or discovery of any living thing or non-living substance effectively present in nature;
4. Mere discovery of a new form, a new property or a new utilization for a known substance or new use of a known machine or apparatus unless such known process results in a new product or employs at least one new reactant unless are more efficient than known substance.
5. A substance obtained by a minor admixture coming about just in the aggregation of the properties of the components thereof or a procedure for delivering such substance;
6. Mere arrangement or re-arrangement or duplication of known gadgets each working independently of each other in a known way;
7. A technique for agriculture or horticulture;
8 Any procedure for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or animals to render them free of disease.
9. Plants and animals in entire or any part thereof other than micro living organisms (this includes seeds, varieties and species and basically organic procedures for creation or propagation of plants and creatures).
10. A mathematical strategy
11. A computer program as such or algorithms.
12. A strategy for business
13. A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions (these are subject matter of copyrights)
14. A technique for performing mental act or strategy for playing a game
15. A presentation of information (For example, databases etc.);
16. A geography of coordinated circuits;
17. A creation which is traditional knowledge or which is a duplication of known properties of traditionally known parts.
RENEWAL
After the patent has been granted, it has to be renewed every year by paying the renewal fee. A patent in India can be renewed for a maximum period of 20 years from the patent filing date.
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