India Patent Filing

by mirandah

India patent filing requirements request that a patentable invention:

  • must not be obvious
  • must be novel
  • must not previously have been published in any country
  • must be a new and useful substance produced by manufacture e.g:
    • art
    • process
    • method of manufacture
    • machine apparatus or other article

Inventions not patentable in India are those:

  • that are contrary to law; morality and public health
  • that are frivolous, or with claims obviously contrary to well established natural laws
  • that amount to mere new use or mere discovery of new property or to new use of known substance or property
  • that are a mere admixture resulting only in aggregation of properties
  • that are a mere arrangement and rearrangement of known integers functioning independently
  • that are a method for agriculture or horticulture
  • that are processes for treatment on human beings, plants or animals
  • that are merely presentations of information
  • that are mathematical or business methods, computer programs or algorithms

Patent filing requirements for applications in India

1. Applicant’s particulars

1.1 Individual

  • Name
  • Citizenship
  • Address

1.2 Corporate Entity

Name

  • Type of entity, state whether private limited, public listed or others
  • Registered address
  • Country of incorporation
  • State of incorporation, where applicant is a US Corporation

1.3 Applicant who is not the inventor, provide how right to patent derived from inventor

2. Inventor’s particulars

  • Name
  • Citizenship
  • Address

3. Specification

3.1 Invention particulars

  • Description
  • Claims
  • Abstract
  • Drawings, to be printed on A-4 size white sheets, one set of which is to be printed on thick white drawing sheets, with name of applicant on top left hand corner and on the top right hand corner, the page number and total number of sheets. All figures must be in an upright position.

3.2 Language of filing : English / Hindi

4. Where Priority is claimed

4.1 Certified True Copy of Priority application, if not in English, provide Verified English

Translation (may submit later)

4.2 Priority particulars

  • Date
  • Application number
  • Country of filing

5. Forms

  • Authorization of a Patent Agent – Form 26
  • Instrument of Assignment – Form 1 (Instrument of Assignment must be submitted within 6 months from date of filing of application)

6. Other Documents

6.1 Details of prior disclosures, if any

6.2 Invention relating to biological material

  • Name of International Depositing Authority
  • Date the biological material was deposited
  • Accession number for the deposit
  • Copy of the receipt issued by the IDA in accordance with Rule 7 of the Regulations under the Budapest Treaty

6.3 Details of corresponding applications in other countries

Procedural stages

Examination

  • Examination of patent applications does not take place automatically. A request for examination must be made within the period of 48 months from the date of application.

Opposition to grant

  • an opposition may be filed by any interested party within 4 months of notification of acceptance in the Gazette

Term

  • a patent is granted for a period of 20 years from the date of application

Revocation

  • A revocation petition cannot be filed before the Controller of Patents. Proceedings under sec 64 of the IPA may only be taken up in the High Court.