All about Patent in India
When a person or company invents some idea, there are chances that others can claim it as theirs. In order to protect the original owners of the idea from frauds, Patent law was introduced. Indian Patent Act was introduced in 1970 and many amendments were made thereafter.
This article covers the following topics
What does Patent mean?
Why is Patent registration required?
Features of Patent Act, 1970
Conditions of Patents registration
Process of Patent registration
Fees for Patent registration
Advantages of Patents
Time limit for filling application
Term of Patent
Difference between Patents, Trademark and Copyright
1. What does Patent mean?
A patent is basically an intellectual property right which protects any inventions. The invention can be a product or a process. It grants the patent owner complete rights on his property for a limited period of time
2. Why is Patent registration required?
Patent registration gives exclusive rights to the owner of such patent. It also allows them to gain benefits from the inventions on a commercial scale without any fraudulent activities taking place. Patent Act of India gives protection to any inventions under certain conditions in return of full disclosure of the invention
3. Features of Indian Patent Act, 1970
● This Act helps avoiding duplication of any original product or process
● It encourages inventors to come up with new ideas without fearing about frauds
● It encourages scientific research, industrial development and new technology
4. Conditions of Patents registration
The main principle of Patent law is that the work should be an invention, novelty or utility in order to register
It should not be something already known to the public. It should be innovative
It should be industrially applicable. It means that the invention should be capable of being utilized in any kind of industry
There are also certain exceptions specifically mentioned under the Patent Act, 1970. Inventions such as a method of agriculture or horticulture, atomic energy inventions cannot be qualified to be Patented under the law.
5. Process of Patent registration
In order to apply for patent registration, there is a process to go through
1. Firstly, a person has to make sure that the invention meets all the requirements of the law
2. Then the application is to be filled at the Patent office. The application can be filed physically through post or online in ipindia. gov. in
Note : Different forms are to be submitted along with application
3. After submission of application, examination request is to be made so that the officers can check the eligibility to obtain patent
4. If the invention satisfies all the requirements, patent is granted to the applicant
5. Such grant should be published publicly, so that people know that the particular invention is patented
6. Fees for Patent registration
There are different fees to be paid under Indian Patent Act. The amount of fees differs based on whether or not a patent agent is hired. From the application to renewal, upto Rs. 60,000 can be the cost assuming that an agent is hired. The fees structure is mentioned in the official website www.ipindia.nic.in
7. Advantages of Patents
● Patents provide full rights to the owner and helps avoid unauthorized use of data
● The patent can be used as revenue by allowing others to use it legally by paying a certain amount of royalty
● It encourages more and more innovations rather than keeping it a secret with the fear of duplication
8. Time limit for filling application for Patents
The patent should be registered before its public display. Any registration after revealing it in public is not permitted. But under certain circumstances the patent office gives a grant period of 12 months to file an application.
9. Term of Patent
Under Indian Patent Act, a patent is valid for a period of 20 years from its date of application. After the expiry of such period, renewal can be done
10. Difference between Patents, Trademark and Copyright \
Many people tend to think that patents are the same as any other intellectual property like Trademark or Copyright. Even though there are only slight differences, it is important to know which property falls under which category
Frequently Asked Questions
1. Is Indian Patent right provided all over the world?
Indian Patent Act is applicable only in the Indian territory. So, it is not applicable outside the Indian territory
2. What can be Patented?
Any product or process which is new and capable of Industrial application can be Patented. It is to be noted that the product or process should not fall under section 3 and 4 of the Act
3. When should a patent be filed?
A patent should be filed at the earliest date possible before public display of the invention. But in some situations patent office can provide 12 months grace period
4. What is the term of a Patent?
A patent is valid for 20 years from date of application