Introduction
In the rapidly evolving landscape of innovation, Intellectual Property (IP) has become the cornerstone of business success. For inventors and companies in India, understanding the Indian Patents Act, 1970 is not just a legal requirement but a strategic necessity. At DURRO IP, we believe that a well-protected invention is the first step toward global market leadership. This article provides an in-depth look at the patent system in India, the filing process, and why professional guidance is crucial.
What is a Patent?
A patent is a statutory right granted by the Government to an inventor for a limited period (20 years in India), in exchange for full disclosure of the invention. It provides the patentee the exclusive right to prevent others from making, using, or selling the patented invention without permission.
Criteria for Patentability in India
To qualify for a patent under the Indian Patents Act, an invention must satisfy three primary criteria:
- Novelty: The invention must be new and should not have been published or used anywhere in the world before the date of filing.
- Inventive Step (Non-obviousness): It must involve a technical advancement compared to existing knowledge or have economic significance, making it non-obvious to a person skilled in the same field.
- Industrial Application: The invention must be capable of being made or used in an industry.
What Cannot Be Patented? (Sections 3 and 4)
The Indian Patents Act is unique because it specifically lists “Non-Patentable Inventions” to protect public interest. For instance:
- Frivolous inventions or those contrary to natural laws.
- Inventions contrary to public order or morality.
- The mere discovery of a new form of a known substance (Section 3d).
- A method of agriculture or horticulture.
- Inventions related to atomic energy (Section 4).
The Patent Filing Process in India
Filing a patent is a multi-step procedure that requires precision. Here is the typical workflow at DURRO IP:
1. Patent Search
Before filing, it is essential to conduct a prior art search to ensure your invention is truly novel. This saves time and costs in the long run.
2. Drafting the Specification (Provisional vs. Complete)
- Provisional Specification: If the invention is still in the developmental stage, you can file a provisional application to secure a priority date.
- Complete Specification: You must file the complete specification within 12 months of the provisional filing, detailing the full technical description and legal claims.
3. Publication and Examination
After filing, the application is published after 18 months. An inventor must then file a Request for Examination (RFE). The patent office will issue a First Examination Report (FER), and the applicant must respond to any objections raised.
4. Grant of Patent
Once all objections are cleared and the Controller is satisfied, the patent is granted and recorded in the Register of Patents.
Why Choose DURRO IP for Your Patent Journey?
The process of patent drafting is a blend of law and technology. A small error in the “Claims” section can lead to the rejection of your application or a weak patent that cannot be defended in court.
At DURRO IP, we provide:
- Strategic Patent Drafting: Tailored to maximize protection.
- End-to-End Filing Support: From search to grant.
- Expert Litigation Advice: Protecting your IP from infringement.
Conclusion
The Indian Patents Act is a powerful tool for safeguarding innovation. Whether you are a startup in Patiala or a global corporation, securing your IP is vital. Stay tuned to the DURRO IP blog for more insights into Trademarks, Copyrights, and Designs.