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   PATENTS & PCT

WHAT IS PATENTABLE:
  • Any Invention which is not obvious and is novel and not previously published in any country.
  • Any new and useful:art, process, or method of manufacture; Machine apparatus or other article; Substance produced by manufacture.
WHAT IS NOT PATENTABLE:
  • Inventions contrary to law, morality and public health;
  • Which is Frivolous or claims which is obviously contrary to well established natural laws;
  • Mere new use or mere discovery of new property or new use of known substance or property;
  • Mere admixture resulting only in aggregation of properties;
  • Mere arrangement and rearrangement of known integers functioning independently;
  • Method for agriculture/horticulture;
  • Process for treatment on human beings, plants or animals.
  • A presentation of information;
  • A mathematical or business method or a computer program per se or algorithms.
FILING REQUIREMENTS FOR PATENT APPLICATION:
  • Specification (Provisional or complete), Claims and Drawings; Name, address and nationality of the applicant;
  • Name, address and nationality of the inventor(s);
  • Details of the basic application in case any priority is claimed;
  • Authority/Power of Attorney.
VARIOUS STAGES UPTO GRANT:
  • Examination - Patent applications are now not examined automatically. One has to file a request for examination within the period of 48 months from the date of the application;
  • Grant of Patent in case there is no opposition.
OPPOSITION TO GRANT:
  • Opposition may be filed by any interested person within 4 months of notification of acceptance in the Gazette.
TERM OF PATENT:
  • Patent is granted for the period of 20 years from the date of application.
REVOCATION OF A PATENT:
  • The grant of patent by the patent office does not guarantee its validity. The validity of a patent granted under the Act, may be challenged only in a High Court in revocation proceedings Under Section 64. The revocation petition cannot be filed before the Controller of Patents.
RECTIFICATION OF REGISTER OF PATENTS:

  An application for the rectification of patent can be filed by any person aggrieved, before the Appellate   Board on any one or more of the following grounds:

  • On account of absence or omission from the register of any entry; or
  • On account of any entry made in the register without sufficient cause; or
  • On account of any entry wrongly remaining on the register; or
  • On account of any error or defect in any entry in the register.
INFRINGEMENT ACTION:

  Unauthorized making, using, selling or distributing of a patented product/process amounts to an   infringement. Action against infringement may be instituted in a District Court or High Court having   jurisdiction. Criminal action does not lie unlike in Trade marks and Copyright. In case of any   infringement of pending patent, no action can be taken unless the complete specification has been   advertised as accepted.


   PCT APPLICATION

  India has joined the PATENT CO-OPERATION TREATY and the country has amended the Patent Law   to adhereto the WTO Commitments. The law has been amended in the year 1999 and again in 2003.

REQUIREMENTS OF PCT APPLICATION:
  • Specification, Claims, Drawings and Abstract.
  • Name, address and Nationality of the Applicant.
  • Name, Address and Nationality of the inventor(s).
  • Priority document (If applicable).
FEE PAYABLE FOR PCT APPLICATION:
  • Transmittal Fee (INR 5000).
  • International Basic fee (Depends on date of application).
  • Designation Fee (USD 105) (Maximum 8 Countries).
  • Search Fee (Varies).
  • Fee for priority document (If applicable) (INR 2000).
  Note: There is 75% reduction in certain fees to certain applicants