Patents

According to World Intellectual Property Organization (WIPO) [1], a patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application. In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent.

According to Section 3 of Indian Patent Act 1970 [2], the following inventions are not patentable:

1. Invention which is frivolous
2. Invention related to atomic energy
3. Inventions based on traditional knowledge
4. Invention which are contrary to natural laws
5. Inventions which are injurious to human health
6. Method related to agriculture or horticulture
7. Any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic
8. Mathematical or business method or a computer programme per se or algorithms
9. Literary, dramatic, musical or artistic work or any other aesthetic creation
10. Presentation of information
11. Topography of integrated circuits 12. Arrangement or rearrangement in a known way.
According to Section 4 of IPA 1970, inventions relating to atomic energy are not patentable.

 
The deadlines for filing Patent Application

For National Phase Application- Within 31 months from the priority date
For Convention Application – Within 12 months from the priority date
For Divisional Application- Any time before the grant of parent application
For a Patent in Addition- Any time before or after the grant of parent application
For Complete Specification- Within 12 months from the date of filing Provisional Application
For PCT International Application- Within 12 months from the date of priority or date of filing of the priority application in India
Publication- After 18 months, on request within a month from date of filing a patent
Examination- Within 48 months from the date filing a patent application
Declaration of Inventorship- Within 1 month from date of filing complete specification
First Examination Report- FER should be replied by applicant within 12 months
Pre-grant Opposition- Within 6 months from date of publication
Post-grant opposition- Within 1 year from date of grant of patent In India and in foreign countries, 3-6 years are required to get a Grant of Patent.