Saturday, March 26, 2011
Patent Registration in India
A patent is a monopoly right granted by the government to an inventor for disclosure of his invention for a limited period. Patents are governed by the department of Industrial policy and promotion, Ministry of Commerce and Industry. Patent Registration in India is controlled by the Patent Office which is functioning under the Controller General of Patents & Designs.
Patent registration in India is not granted to products and processes which are not within the definition of invention as prescribed in the Indian Patents Act. An invention may be defined as a new product or a new process which involves an inventive step and is capable of industrial application. Section 3 of the Indian Patents Act defines which inventions are not patentable. Inventions relating to atomic energy are not granted patent registration in India. Frivolous inventions and inventions which are obvious are also not granted patent registration in India. Inventions which are against public morality or which causes serious prejudice to human, animal or plant life or health or to the environment are not patentable. A mere re-arrangement of known devices each working independently of each other is not accorded patent registration in India as per section 3 of the Indian Patents Act.
Before obtaining patent registration in India it is advisable to carry out a patent search in order to ascertain as to whether similar invention is already covered by Patent protection.
For obtaining a patent registration in India an application is to be prepared and filed at the patent office. At the time of filing the application the inventor must disclose the invention by filing a patent specification. A patent specification is usually very technical and complicated document which needs to be drafted by an experienced patent attorney. An outline of the invention may be first provided in a provisional specification at the time of filing the application. A complete specification describing the invention along with the claims should be filed within the prescribed time for patent registration in India. An Application for patent registrations in India must be filed by the true and first inventor or his assignee or legal representative. In case the assignee of an inventor files the application the assignment deed must also be filed along with the application.
After the application is filed it is examined by a patent examiner and a first Examination report is then issued to the applicant stating any objections that the examiner might have before granting Patent registration in India. The examiner checks the correctness of the documents and the patentability of the invention. In order to obtain patent registration in India the applicant must reply to the first examination report and meet any objections, that the examiner may have cited and according to the situation, a hearing may be fixed. The application may then be either accepted or rejected. In case the application is accepted it is advertised in the Indian Patent Office Gazette and is open for opposition. Finally, in case there is no opposition the invention is accorded patent registration in India. A patent is valid for a period of twenty years.
The registration of Patent in India is subject to renewal every year, from the third year of the date of application of the patent.