Once the patentability of the invention is established after a thorough prior art search, a patent application should be drafted. This document is known as the complete specification. It must comprise: Title of the invention indicating its technical field Abstract Prior art and drawbacks in the prior art (if any) Solution provided by the inventor… Read more »
The date of patent is the date of filing the application for patent (whether provisional or complete). The term of the patent is counted from this date. A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of… Read more »
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).
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