Patent Application India | Procedure and Process

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government.The patent system in India is governed by the Patents Act, 1970. This act lays down the definition and procedures for the applying of patents. It is issued in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

In terms of time period of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT. An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

An invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organised by the Government or disclosure before any learned society or published by applicant.

Once an application for filing the patent has been made, the application shall be published for public inspection by 18 months from date of filing or priority date. The advantage of publication of a patent application is that it provides rights and privileges as if a patent is granted.