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 :
The following are not inventions within the meaning of this Act :
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.
( i )APPLICATION: Filing the application for the grant of patent
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
or
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.