Patent Registration in India
An invention relating to a product or a process that is new, involving inventive step and capable of industrial application may apply for a patent in India. An application for a patent may be filed by foreign nationals provided they have an address for service in India.
Patent Application in India
What Types of Patents can be registered in India?
– Utility Patent (granted on the functional aspect of the invention).
– Design Patent (external appearance of the invention).
– Plant Patent (Plant varieties).
The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Foreigners, foreign corporations or other foreign organisations without habitual residence or place of business applying for patent in India must appoint an agent to carry out the process. Provisional patent application can be filed before filing complete specification even before the invention has reached a final stage.
Approximate Registration Time Table:
After 18 months of the filing date the content of the international application is published to the world. Usually at the end of 30 months the applicant has to start pursuing the National / Regional offices for grant of the patent. The applicant can choose either the convention application or PCT application based on no of countries and time.
Minimum Filing Requirements:
The applicant (s) details.
Claim: describe the protection scope of the patented technology
Abstract: provide the outline of the key technical aspect of the patent
Specification: provide written details and features of the patented technology
Drawings: illustrate structures or details of the patent
The term of every patent in India is 20 years from the date of filing the patent application, irrespective of whether it is filed with provisional or complete specification.