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COUNTRY : REPUBLIC OF INDIA
CAPITAL : NEW DELHI
LANGUAGE : ENGLISH
Indian Patents and Trademarks office is administered by Department of Industrial Policy and Promotion, Ministry of Commerce.
INTERNATIONAL TREATIES TO WHICH INDIA IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty – PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
PATENT LEGISLATION IN INDIA:
Patents in India are governed by:
- The Patents Act 1970, as amended by the Patents (Amendment) Act 2005.
- The Patent Rules 2003 as amended by the Patents (Amendment) Rules 2006.
India follows ‘First to File’ system, where priority is given to the first inventor to file an application. Hence, it is highly advisable that the applicants file their applications in India at the earliest. India is now TRIPS compliant via its latest amendments to the Patent legislation, thereby making in on par with the global regime.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN INDIA:
(i). Novelty: An invention is considered new & novel it is not predictable owing to prior publication, prior use or prior public knowledge.
(ii). Inventive Step: Apart from the invention not being obvious to a person skilled in the art, inventive step would be a feature of an invention that involves either:
- A technical advancement compared to the existing knowledge
- Having economic significance or, • Both
(iii). Industrial Application: An invention must be capable of industrial application, which means, the invention should be capable of being made or used in an industry.
INVENTIONS NOT PATENTABLE IN INDIA:
- Inventions which are frivolous, contrary to well established natural laws.
- Inventions primarily intended to be against public order and morality such as equipment to produce counterfeit currency.
- Mere discovery of a scientific principle or formulation of an abstract theory. • Mere discovery of a new form of a known substance not resulting in the enhancement of the known efficacy of that substance.
- Mere arrangement or re-arrangement or duplication of known devices resulting in each functioning independently of one another in a known way.
- Methods of horticulture or agriculture.
- Processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatments of human beings and / or animals.
- Biological processes for production or propagation of plants and animals.
- Mathematical, business methods, computer programs per se.
- Aesthetic creations.
- Inventions relating to traditional knowledge.
- Inventions relating to atomic energy.
- Methods of performing mental acts or playing games.
- Topography of integrated circuits
PartityPatents through it’s associate Law Firms in India, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN INDIA:
(i). Names of the applicants.
(ii). Addresses of the applicants.
(iii). Names of the inventors.
(iv). Addresses of the inventors.
(v). Priority data.*
(vi). Complete specification in English along with translated copy if applicable.* (vii). Set of claims.*
(viii). Drawings if any.
(x). Priority documents.*
(xi). Proof of right in a convention application. *
EXAMINATION OF THE PATENT APPLICATION IN INDIA:
- Upon receipt of the patent application it is examined for formalities compliances and fulfilment of all requisites.
- Applicant to request for substantive examination within a stipulated period of time.
- Applicant to comply, amend, correct, and fulfil requisites as per directions by the authority else, patent application is deemed withdrawn.
- Patent application is then published and is laid open to opposition from interested third parties.
- Patent application found to be in compliance with all requisites and not in contravention of any acts and rules and no opposition or objection forth coming, is registered and patent granted to the invention.
RIGHTS OF THE PATENTEE IN INDIA:
Term of the patent granted lasts for 20 yrs. from the date of filing of the application.
RIGHTS & DUTIES OF THE PATENTEE: Rights: As concerns both patented products as well as processes, the patentee shall have the exclusive right to prevent 3rd parties in India from:
- Offering for sale
- Selling or importing the product as well as such product obtained directly from the patented process.
Duties: • To ensure that the patents granted are worked on a commercial scale and to the fullest extent reasonably practicable without undue delay.
- To furnish information to the controller by way of periodical statements regarding the extent to which the patented invention has been commercially put into use in India.
- Patentee should ensure that patents granted do not impede protection of public health and nutrition and should act as instruments to promote public interests.
- Ensure that patents granted do not in any way prohibit the central government in taking measures to protect public health.
- The patent shall not be abused by the patentee or persons deriving the title or interest on the patent.
- Patentee to not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
COMPULSORY LICENCES OF PATENTS IN INDIA:
At any time after the expiry of 3 years from the grant of a patent, interested parties may apply for grant of compulsory licenses on the following grounds:
(i). When reasonable requirements of the public with respect to the patented invention have not been satisfied.
(ii). When patented invention is not available to the public at reasonable and affordable prices.
(iii). When patented invention is not worked in the Indian territory.
(iv). When national emergencies, circumstances of extreme urgency arise.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in India, can assist you comprehensively with Compulsory Licence matters.