Indian Patent Law: Patentability Requirements and Indian Patent filing procedure

1. TM
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Indian Patent Law
Patentability requirements
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Lipika Sahoo, Ph.D.
Email: lipika@lifeintelect.com
LifeIntelect Consultancy Pvt Ltd
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•Patent is an exclusive right granted by the State to an
inventor to exclude others from commercially
exploiting the invention for a limited period, in return
for the disclosure of the invention, so that others may
gain the benefit of the invention.
•Legal right to create a limited monopoly by excluding
others from creating, producing, using, selling or
importing the invention.
What is a patent?
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Indian Patent Law
India follows First-to-file system. An Invention is not patentable if
the claimed subject matter was disclosed before the date of filing.
Patentability requirements
1. Patentable subject matter
2. Utility
3. Novelty
4. Non-obviousness
5. Specification
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1. Patentable subject matter: It should either be a product
or process [(Also, not included in Section 3 & 4 of Indian
Patent Act(the exclusion list)]
Exclusion list (Inventions that are not Patentable )
• Frivolous inventions and Inventions against Natural Laws
• Inventions contrary to Public Order or Morality or
prejudicial to Life or Environment
• Scientific Principle or Abstract Theory or Discovery
• New Form or New Property or New Use
• Mere Admixture
• Mere Arrangement or Re-arrangement of devices or
duplication
Patentability requirements
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Exclusion list (Inventions that are not Patentable )
•Method of Agriculture or Horticulture
•Medical Methods
•Plants and Animals
•Mathematical Algorithm and Computer Program
•Copyrightable works and Presentations
•Mental Act and Method of playing a Game
•Integrated Circuits
•Traditional Knowledge
•Atomic Energy (sec 4)
Patentability requirements
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2. Utility (Industrial applicability): Utility of a patent describes that
the invention is capable of industrial use at least for one purpose.
3. Novelty: Novelty of patent application suggests that invention
should be new and is not a part of prior art.
4.Non-obviousness (Inventive Step): Invention should be
sufficiently inventive in order to be patented. Invention should have
technical advance; and/or economic significance.
5. Specification: The patent specification drafting includes a written
description of the invention and claims. Patent specification must
describe the best mode of the process or the invention.
Patentability requirements
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•True and first inventor of the invention: by any person
claiming to be the true and first inventor of the Invention.
•Assignee: by any person being the assignee of the person
claiming to be the true and first inventor.
•Legal representative: by the legal representative of any
deceased person who immediately before his death was
entitled to make such an application.
Persons entitled to apply
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Months
File Provisional Application0
File Complete application / PCT Application
48
12
18 Publication
Examination
First Examination Report
Put for Grant/ Compliance of all objections
Response to FER
Technical Examination Substantives Examination
Grant of Patent
Indian patent filing procedure
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