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Patent

What is patent?

A patent is an intellectual property right granted to the inventor exclusive rights to use, sell and license their invention.

Why should you patent your inventions?

  • Imparts an exclusive right to use and as such provides an edge over the competitors.
  • Imparts an exclusive right to use and as such provides an edge over the competitors.
  • Gives right to sue the unauthorised user of the invention.

What can be patented?

An invention which is:
  • Novel
  • Has industrial application
  • Is non-obvious

What cannot be patented?

  • An invention which claims to be contrary to established natural laws.
  • An invention whose intended use is contrary to law or injurious to public health.
  • A substance obtained merely by mixing two or more already known substances.
  • The mere arrangement or re-arrangement or duplication of known devices.
  • Any process for the medicinal, surgical, curative or other treatment of human being or animals to render them free from disease.
  • Any process relating to agriculture and horticulture.
  • The topography of integrated circuits.
  • the mere discovery of a new form of a known substance.
  • a mathematical or business method or a computer programme per se or algorithms
  • a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.
  • mere scheme or rule or method of performing mental act or method of playing game;
  • a presentation of information;
  • an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

Steps to take before you initiate the process of patenting your invention

Conducting Patent Search
An invention which has been in public domain before, even if in the form of a research paper or an article cannot be patented. Therefore, it is very important to conduct an extensive patent search before initiating the process of registration. One needs to be sure that not even a single relevant document is missed out as it can lead to complications in the process of registration. The search must include a combination of generic words as well as specific keywords so that the search is neither too narrow so as to exclude important results nor too broad so as to produce a large number of irrelevant results which are too time consuming to sort. Specialised knowledge and skills are required to conduct comprehensive patent search.

What can be patented?

An invention which is:
  • Novel
  • Has industrial application
  • Is non-obvious

Checklist

  • Provisional or complete specification of the invention
  • Drawing/ diagram and pictures of the invention
  • Abstract of the invention
  • Information & undertaking listing the number, filing date & current status of each foreign patent application
  • Priority document (if priority date is claimed) in convention application
  • Declaration of inventor-ship
  • Power of attorney

How to get your invention patented?

For getting an invention patented, one needs to start by filing an application at the Patent Office of India. The application can be provisional or complete based on the stage at which the invention is at the time of filing of the application. You can claim priority even if the invention is not ready by filing a provisional application which has to followed by a complete application within 12 months. The application must be accompanied with specification. It is always a good idea to take the assistance of professionals in drafting a patent application because the entire claim hinges upon it.

After the application is filed in proper form, it is published in Patent Journal within 18 months. An application for early publication can also be filed to get the application published in 1 month. Unlike trade marks, patent examination does not take place automatically. A specific request has to be made after which the invention is examined on merits as per the details provided in the specification. It is recommended that the request for examination is made as early as possible to expediate the process of examination.

The examiner scrutinises the application by conducting a patent search into similar inventions. It is at this stage when the patentability of the invention is also determined. The examiner issues an Examination Report which contains the grounds for objections (if any). The applicant then has to overcome the objections to receive patent grant. The procedure to get the objections removed involves responding to the Examination Report and appearing for hearings. Once the objections are removed, the patent is granted and the same is published in the official gazette.

INTERNATIONAL PATENT APPLICATIONS

CONVENTION APPLICATION
When a priority date is claimed on the basis of a similar or identical application filed by the inventor in one or more convention countries, it is called a convention application. The application has to be filed in India within 12 months from making a similar or identical application in any of the convention countries.
PCT INTERNATIONAL APPLICATION
It is a single application filed to seek patent in member countries of Patent Cooperation Treaty. It can be made in as many as 142 countries.

SGA provides specialised services for patent prosecution as well as patent litigation.