1.WHAT ARE PATENTABLE AND NON PATENTABLE?
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented.
An invention to become patentable subject matter must meet the following criteria :
- It should be novel.
- It should have inventive step or it must be non-obvious
- It should be capable of Industrial application.
The following are not inventions within the meaning of this Act :
- An invention which is frivolous or which claims anything obvious contrary to well established natural laws.
- An invention the primary or intended use of which would be contrary to law or morality or injurious to public health.
- The mere discovery of a scientific principle or the formulation of an abstract theory.
- The mere discovery of any new property of 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.
- A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.
- The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way.
- A method or process of testing applied during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture.
- A method of agriculture or horticulture.
- Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
- No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of Section 20 of the Atomic Energy Act, 1962.
- JURISDICTIONAL VALIDITY OF PATENT
Patent protection is territorial right and therefore it is effective only within the territory of India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries.
- STEPS INVOLVED IN THE GRANT OF PATENT
( i )APPLICATION: Filing the application for the grant of patent
PROVISIONAL AND FINAL APPLICATION
The provisional specification describes the nature of the invention to claim the priority date of filing of the application. A complete specification describing the details of the invention should be filed within 12 months after filing of the provisional application. However, it is not necessary to file an application with provisional specification and one can file an application directly with complete specification.
(ii). PUBLICATION :
Published after 18 months from the date of application
Request for earlier publication by making special application will be published in 0ne month from the date of request.
(iii). EXAMINATION REPORT :
A request for examination is required to be made by the applicant or by third party and thereafter it is taken up for examination by the services of Patent Registration in Chennai.
B.First Examination Report is issued and the applicant is given an opportunity to correct the deficiencies in order to meet the objections raised in the said report. The applicant must comply with the requirements within the prescribed time otherwise his application would be treated as deemed to have been abandoned.
(iv). OPPOSITION AND GRANT :
A. Before the grant of patent and within 6 months from the date of publication, any person can make a representation for pre-grant opposition. And A pre-grant opposition can be filed before a request for examination. But it can be taken into consideration only after the request for examination is received by the registrar. No fee is required for pre grant opposition.
B.When all the requirements are met, the patent is granted and notified in the Patent office Journal.
C.Post-grant opposition can be filed within 12 months from the date of publication of the grant of patent in the official journal of the patent office.
The post grant opposition has to be filed with prescribed fees of Rs.1500 for natural person and Rs.6000 for person other than natural person.
4.DIFFERENCE IN THE AMOUNT OF FEES TO BE PAID BY AN INDIVIDUAL OR A LEGAL ENTITY FOR FILING A PATENT APPLICATION
The filing fees for an individual person is Rs.1, 000/- and for a legal entity is Rs.4, 000/- up to 10 claims and 30 pages. If the number of pages exceeds beyond 30, then natural person has to pay Rs.100/- for each extra page and other entity has to pay Rs.400/- per page. If the number of claims exceeds beyond 10, then natural person has to pay Rs.200/- for each additional claim and other entity has to pay Rs.800/- for each additional claim.
5.TIME LIMIT AND RENEWAL FEE
The validity of patent is for 20 years but the renewal fee has to paid from 3rd year from the date of patent.