A patent in
an exclusive right granted by a country to the owner of an invention to make,
use, manufacture and market the invention, provided the invention satisfies
certain conditions stipulated in the law. Exclusivity of right implies that no
one else can make, use, manufacture or market the invention without the consent
of the patent holder. This right is available only for a limited period of
time. However, the use or exploitation of a patent may be affected by other
laws of the country which has awarded the patent. A patentee must disclose the
invention in a patent document for anyone to practice it after the expiry of
the patent or practice it with the consent of the patent holder during the life
of the patent.
INVENTIONS
PATENTABLE
-Art,
Process, Method or Manner of manufacture;
-Machine,
Apparatus or other Articles;
-Substances
produced by Manufacturing
-Computer
Software which has Technical application to Industry or is used with Hardware
-Product
Patent for Food / Chemical / Medicines or Drugs.
INVENTIONS
NOT PATENTABLE
-Frivolous
or obvious inventions.
-Inventions
which could be contrary to law or morality or injurious to human, animal or
plant life and health or to the environment.
-Mere
discovery of the scientific principle or the formulation of an abstract theory
or discovery of any living thing or non-living substances occurring in nature
-Mere
discovery of any new property or mere new use for known substance or the mere
use of a known process, machine or apparatus- unless results to new products or
employs one new reactant.
-Producing
a new substance by mere admixtures of substances.
-Mere
arrangement/rearrangement or duplication of known devices functioning
independently.
-Method of
agriculture and horticulture
-Any
process for the medicinal or surgical, curative prophylactic, diagnostic,
therapeutic or other treatment of human beings, animals to render them free of
disease or to increase their economic value or that of their products.
T-he
biological processes for production or propagation of plants and animals in
whole or any part thereof other than micro-organisms but including seeds,
varieties and species (new plant varieties can be protected by the protection
of plant varieties and farmers act 2001).
-A
mathematical or business method or algorithms.
-A Computer
Programme per se other than its technical application to industry or a
combination with hardware.
-Aesthetic
creation including cinematography and television production.
-Method for
performing mental act or playing game.
-Presentation
of information.
-Topography
of Integrated Circuits.
-Invention
which in effect, is traditional knowledge or which is an aggregation or
duplication of known properties of traditionally known components.
-Inventions
relating to Atomic Energy.
REQUIREMENTS
FOR FILING THE PATENT IN INDIA
-Full name,
address & nationality of applicant (s) and inventor (s).
-Specification,
provisional / complete drawings , claims and abstract.
-List of
countries to claim priority , if any, where the application / applications for
the grant of patent has / have been filed , along with date and application
number.
PROCEDURE
FOR THE GRANT OF PATENT
-After
filing Patent Application in India, a Request for Examination is filed with the
Patent Office
-Thereafter
the application is examined by patent office and objections, if any, are raised
thereto.
-After
removal of all the objections, the Patent is granted and is advertised for
Opposition Purposes.
-The Patent
is Open for third party opposition(s), if any, for a period of ONE YEAR from
the date of advertisement.
RENEWAL
The patent
is renewed every year from the date of patent.
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Source:
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