Meaning of Patent
A patent is a type of intellectual property that grants its owner the exclusive right to prevent others from making, using, selling, or importing an invention for a specific period. In return, the inventor must publicly disclose details of the invention.
In simple terms, a patent is a legal right given by the government to an inventor, allowing them to manufacture, sell, or use their invention exclusively for a set number of years.
Patent Registration in India
Patent registration in India can be done with either a provisional or complete specification.
- If an invention has not yet reached its final stage, the applicant can file a provisional patent application to secure temporary protection at a lower cost.
- A complete specification must be filed later to obtain full patent rights.
Provisional Patent
A provisional patent is valid for 12 months from the filing date. Within this period, the inventor must file a complete specification. If the complete specification is not filed within 12 months, the provisional patent application is considered abandoned.
Key Points for Drafting a Provisional Specification
- Field of the invention – The industry or domain it belongs to.
- Background of the invention – The problem it addresses.
- Object of the invention – The purpose and advantages.
- Statement of the invention – A brief summary of the invention.
Criteria for Patent Registration in India
Patent registration in India is governed by the Indian Patent Act, 1970, which regulates the registration, renewal, transfer, and protection of patents.
Procedure for Filing a Patent Application in India
1. Conducting a Patent Search
Before filing a patent, it is advisable to conduct a patent search to:
- Identify the novelty and uniqueness of the invention.
- Ensure it does not overlap with existing patents.
- Help in drafting a stronger patent application.
2. Patent Drafting
- After the search, the patent application is drafted in a techno-legal language, known as specification.
- The Provisional Specification is filed without claims, while the Complete Specification includes claims.
- Field of invention
- Background & objective
- Statement of invention
- Best method for execution
3. Filing the Patent Application
- A patent application is filed under the Indian Patent Act, 1970 using prescribed forms.
- Provisional Application – Gives an early priority date, allowing 12 months to file a Complete Specification.
- Complete Specification – Required for final patent registration.
4. Patent Publication
- After submission, the application is published in the official journal after 18 months from the filing or priority date.
- After publication, it remains open for objections (if any).
5. Patent Examination & Prosecution
- A request for examination must be filed within 48 hours of the filing date or priority date.
- A patent examiner reviews the application and issues an Examination Report with potential objections.
- The applicant must respond to objections within 12 months.
- If required, the Patent Office may conduct a hearing (Patent Prosecution).
6. Granting the Patent
- If the examiner is satisfied, the patent is granted.
- If objections persist, the application may be rejected.