Patent an Overview

A patent is an exclusive right granted by the government to the inventor for an invention which is a new and
inventive solution to an existing technological problem. The patent rights are granted for a limited period of time
in exchange for complete public disclosure of the invention.

Requirement for invention to be patentable

1) Novelty:

The invention must be new or novel, means that the invention must never have been made before, carried out before or
used before. It must show some new characteristic which is not known in existing public knowledge (called “prior art”)
in its technical field. Prior art refers to everything that has been published, presented or disclosed to the public
(example on a website, article or in any magazine etc).

2) Inventive Step:

The invention must be non-obvious or involve an inventive step that means it should not be obvious to the person skilled
in the art. It could not be deduced by a skilled person with good knowledge in the technical field of the invention. This
person with average knowledge in the technical field is commonly called as Person Ordinarily Skilled in the Art (PHOSITA).

3) Industrial Application:

The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry.

4) Not publically/commercially disclosed:

A patent application must be filed prior to any disclosure to the public that is it must not be known or used in public before
filing of the patent application. (though some countries provide a grace period to waive off such disclosure)

5) Patentable matter:

Finally, the invention must be part of the “patentable subject matter” under the applicable law.

Requirement for Patent filing in India

We can file the following types of patent applications in the Indian patent office:

• Convention Application (within 12 months of the priority date)
• PCT Application (National phase)-within 31 months of the priority date.
• National Application (Provisional & non-provisional application)

1. Application for Grant of Patent in Form 1 in duplicate [section 7, 54 & 135 and Rule 20(1)].
2. Provisional/Complete specification in Form 2 in duplicate [Section 10; Rule 13]; comprising • Description • Claims • Drawing (if any) • Abstract.
3. Statement and Undertaking in Form 3 in duplicate [Section 8; Rule 12].
4. Power of Attorney in Form 26 (in case a patent agent is assigned) (in original)(Rule 3.3 (a)(ii)).
5. Declaration of Inventorship in Form 5 in duplicate (only where applicant and inventor[s] are different);(Rule 4.17).
6. Form 28 (in case the applicant is a small entity) (Rule 2 (fa) & 7).
7. Certified true copy of the Priority document (in case priority is claimed).
8. Requisite Statutory fees (cheque / DD).

8 Step Procedure of Patent Registration in India :

1. Patentability/Novelty Search
2. Patent Drafting
3. Patent Filing
4. Publication
5. Request for Examination
6. Issuance of Examination Report
7. Hearing with the Controller
8. Grant of Patent