All inventions that have commercial application can be covered by Patent – “invention means a new product or process involving an inventive step and capable of industrial application” (Section 2(1) (j).
Sections 3 & 4 of the Patents Act, 1970 enlist the non-patentable inventions. Section 3 reads as follows: The following are not inventions within the meaning of this Act, (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws; (b) an invention the primary or intended use or… Read more »
1. Novelty 2. Inventive Step Further, “Inventive step means a feature that makes the invention not obvious to a person skilled in the art”. (Section 2 (1) (j)) is to be replaced by “Inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance… Read more »
Novelty is crucial for Patent protection. Usually, the novelty is lost by: (a) prior publication; (b) prior public use; (c) prior claiming (if it has been claimed in an earlier specification.) However Section 31 and 32 provide that if the disclosure is before a scientific body or an exhibition notified by… Read more »
An application can be filed in India either in English or Hindi.
No, patenting is a matter that falls within the domestic jurisdiction of a State. However, Article 27 of the WTO TRIPS agreement establishes ‘international minimum standard in patent protection.’ Paris Convention on protection of Industrial Property, 1883 confers on all the Applicants irrespective of Nationality, among other things (a) a right to national treatment; (b)… Read more »
Yes, India is a signatory to the Paris Convention and the Patent Corporation Treaty.
An application for patent has to be made in Form 1 (duplicate) and shall be accompanied by prescribed fee (Rs. 1000/- for individual and Rs. 4000/- for artificial legal entities), Form 2 (provisional or complete specification) and Form 3 (a declaration and undertaking regarding the foreign patent filings of the same invention).
If an invention originates in the course of Contract of Employment (in the absence of a contract to the contrary) the technology vests with the employer and he should be shown to be Applicant for Patent. Form 1 need not have the signature of Inventors for the initial filing. If the initial filing is… Read more »
Specification is the most important document in the entire Patenting procedure. We strongly recommend that you consult an Attorney before finalizing the specification. There are two types of specification provisional and complete. Provisional Specification is logged to achieve earliest priority date. When the inventive concept is in its formative stages, and a lot of… Read more »
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