Patenting

A Patent is a monopoly right granted to person who has invented a new and useful article or an improvement of an existing article or a new process of making an article.

INVENTIONS PATENTABLE

  • Art, Process, Method or Manner of manufacture.
  • Machine, Apparatus or other Articles.
  • Substances produced by Manufacturing.
  • Computer Software which has Technical application to Industry or is used with Hardware.
  • Product Patent for Food / Chemical / Medicines or Drugs.

    INVENTIONS NOT PATENTABLE

  • Frivolous or obvious inventions.
  • Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.
  • Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature.
  • Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.
  • Producing a new substance by mere admixtures of substances.
  • Mere arrangement / rearrangement or duplication of known devices functioning independently.
  • Method of agriculture and horticulture.
  • Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products..
  • The biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).
  • A mathematical or business method or algorithms.
  • A Computer Programme per se other than its technical application to industry or a combination with hardware.Frivolous or obvious inventions.
  • Aesthetic creation including cinematography and television production.
  • Method for performing mental act or playing game.
  • Presentation of information.
  • Topography of Integrated Circuits.
  • Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.
  • Inventions relating to Atomic Energy.

REQUIREMENTS FOR FILING THE PATENT IN INDIA

  • Art, Process, Method or Manner of manufacture.
  • Full name, address & nationality of applicant (s) and inventor (s).
  • Specification, provisional / complete drawings, claims and abstract.
  • List of countries to claim priority, if any, where the application / applications for the grant of patent has / have been filed, along with date and application number.
  • POWER OF ATTORNEY
  • RENEWAL

    The patent is renewed every year from the date of patent.

    TERM OF PATENT

    20 YEARS.

    INFRINGEMENT OF PATENT:

    Infringement of a Patent consists of the unauthorized making, using, offering for sale or selling any patented invention during the term of the patent. If a patent is infringed, the patentee may sue for relief in the appropriate court. The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement.