Summary: In today’s economy, intangible assets like patents are crucial for protecting intellectual property. Patents safeguard new inventions, preventing unauthorized use or sale. In India, patents are governed by the Indian Patent Act of 1970, covering various inventions, including software, manufactured articles, chemical compounds, and biotechnology. However, certain items such as agricultural methods, literary works, and atomic energy-related inventions are excluded. The patent registration process involves several steps: conducting a patent search, drafting the patent application (either provisional or complete), addressing any objections, and requesting an examination. Documents required include the application form, complete specification, and a declaration from the inventor. After the application is filed, the patent is published, and the public can raise objections. The patent examiner reviews the application, raising any issues that the applicant must address within 12 months. If the examiner is satisfied, the patent is granted. The process can be complex, and failures to respond to objections or address claims may lead to rejection.
In the current scenario of the developing economy, the Importance of Intangible asset is more than the Tangible assets. And that made compulsory requirement of protecting these intangible rights and assets and safeguarding from infringement of these intangible assets. One of these Intangible assets, Patents safeguard intellectual property rights for newly developed products, services, and processes. It gives individuals or businesses the right to safeguard their inventions, preventing unauthorized import, production, or sale of their product. Inventors frequently opt to patent their creations to protect their innovative ideas from exploitation.
So in this article, we will discussed about the meaning, importance, uses, process and other characteristics of patent and trying to giving a simple brief view related to patent from its definition to its process.
As per considering the terms and provisions of Indian Patent Act of 1970, there are various types of inventions are eligible for patent protection. These include:
- Software and computer related Inventions
- Manufactured Articles
- Chemical Compounds
- Bio technological Inventions
- Process or Methods
- Machines and equipment
- Any others as per specified.
We had seen what can be patented and now, there are some items and methods that are excluded from the eligibility criteria of being patented. Some of these excluded items are provide below:
- Methods for agriculture or horticulture
- Creations related to literary, dramatic, musical, or artistic works, including films and television productions.
- Simple game-playing methods
- Inventions related to atomic energy (not patentable).
- Inventions aggregating or duplicating known properties of components traditionally known
- Topography of integrated circuits.
- Inventions concerning plants, animals (including seeds, varieties, species), except microorganisms.
- Processes related to medicinal, surgical, curative, diagnostic, therapeutic, or human/animal disease prevention.
- Basic arrangements or rearrangements of common devices.
- Inventions that are merely a known process or machine unless they result in a new product.
Documents required for filling Patent registration application are specified below:
- Application for Patent registration in FORM- 1
- Complete specification in FORM-2
- Statement and Undertaking in FORM-3
- A declaration from the inventor regarding inventorship in Form-5.
- Proof of demonstrating by inventor
- Power of Attorney, if application filled by the agent or Attorney.
- If the application matter relates to biological material obtained from India, permission from the National Biodiversity Authority is necessary.
Other forms covered in the process of filling of application of patent registration is as follows:
- Form-9: Publication Request
- Form-18: Examination Request
- Form-26: Patent Agent Authorization
- Form-28: For Small Entity
Process for Patent Registration
The process involves several stages with the detailed explanation of the Patent Registration are as follows:
1. Search Patent word and its applicability: The first step in the Patent filing process is conducting a worldwide search to determine the uniqueness and eligibility of the invention. It’s generally recommended to perform patent searches before applying for a patent. If your invention is found in prior art or closely resembles existing inventions, the novelty of your invention could be challenged by the Indian Patent Office.
2. Drafting of Patent Application: After conducting comprehensive global searches, there is need of drafting a patent specification. This specification is written in technical and legal language and may or may not include the inventor’s claims. If it doesn’t include claims, it’s a provisional specification; if it does, it’s considered a complete specification. Legal protection for the patent is granted when the specification is drafted with the inventor’s claims and is complete. If a provisional patent specification is filed, a complete specification with the inventor’s claims must be filed within 12 months of the initial filling.
3. Collecting Objection with application, if any: After the patent application process, the patent is published in an official journal and available for public viewing and inspection. This allows the general public to raise objections to the patent on valid grounds.
4. Request for Patent Examination: After the patent application process, the patent is published in an official journal and available for public viewing and inspection. This allows the general public to raise objections to the patent on valid grounds. The patent examiner issues an examination reporting after review the application containing the objections raised by the examiner. The responding have to respond it within 12 months of issuance and may also call for show cause hearing to resolve the objections if necessary.
5. Approval of Patent: After all objections in the examination report have been addressed and the examiner is satisfied with the applicant’s response, the patent application is prepared for the grant of a Patent Registration. However, if the examiner is not satisfied with the response and arguments from the applicant, they can reject the patent application.
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