Advantages

• Establishes a public record
• Right to sue infringers in court
• Creation of Goodwill
• Legal Protection to Work
• Marketing

Patent Applications

• Ordinary application
• Conventional application
• Provisional application
• PCT International application
• PCT National phase application

Meaning of Patent

A patent is a form of intellectual property that grants the owner exclusive rights to prevent others from using, making, selling, or importing the invention for a specified period in exchange for public disclosure of the invention.

In simple terms, a patent secures an invention and provides the inventor with exclusive rights to manufacture, sell, or use it for a defined number of years.

Patent Registration

In India, patent registration can be done with either a provisional or complete specification. A provisional application is filed when the invention is still in development, allowing temporary protection until the complete specification is filed.

Provisional Patent

A provisional patent has a pendency period of 12 months from the filing date. The inventor must file a complete specification within this period, failing which the application is deemed abandoned.

Points to Cover in a Provisional Specification

• Title and description of the invention
• Preamble: "The following specification describes the invention"
• Detailed description including field of invention, background, objective, and statement of invention
• Sufficient details about the invention at the time of filing
• Claims are not required in provisional specifications; they are included in the complete specification

Criteria for Patent Registration

Patent registration in India is governed by the Indian Patent Act, 1970. The following criteria must be met for an invention to be patentable:

• Patentable Subject Matter: Must comply with Sections 3 and 4 of the Patent Act.
• Novelty: The invention must be new and should not have prior disclosure in the public domain.
• Inventive Step: The invention must not be obvious to a skilled person in the same field.
• Industrial Applicability: The invention must have practical utility and be applicable in any industry.

Procedure for Filing a Patent Application

Documents Required

Conducting a patent search is recommended to determine the novelty of the invention. This helps in drafting a strong patent application.

Patent Drafting

After the patent search, the application is drafted in a techno-legal format known as a specification, which can be either provisional or complete.

• Provisional specifications do not include claims.
• Complete specifications include claims detailing the invention.
• The description must include the field of invention, background, objectives, and best possible method to implement the invention.

Patent Application Filing

A patent application is filed to secure rights over an invention. It can be filed as:

• Provisional Application: Grants a priority date and allows 12 months to file the complete specification.
• Complete Specification: A final, detailed application including claims.

Patent Publication

Once filed, the application is published in the official journal after 18 months from the filing date or priority date. The published patent is open for objections, if any.

Patent Examination/Prosecution

• A request for examination must be filed within 48 months of the filing date or priority date.
• The patent examiner reviews the application and issues an examination report with objections, if any.
• The applicant must respond to the examination report within 12 months.
• If necessary, a hearing may be conducted, known as patent prosecution.

Granting the Patent

If the examiner is satisfied with the applicant’s responses, the patent is granted. If not, the application may be rejected.

Patent registration provides the inventor with exclusive rights and legal protection, ensuring that their innovation remains safeguarded against unauthorized use.