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1. A patent is a set of exclusive rights granted by a
state (national government) to an inventor or
their assignee for a limited period of time,
excluding others from making, using, selling,
importing the patented product or process
producing that product for these purposes.

2. Objective of Patent
• To encourage inventions by promoting their
protection and utilization so as to contribute to the
development of industries, which in turn, contributes
to the promotion of technological innovation and to
the transfer and dissemination of technology.

3. Application for patent
• An application for a patent may be submitted by:
• 1. Any person claiming to be the true and first inventor of the
invention.
• 2.Any person being the assignee of the person claiming to be the
true and first inventor in respect of the right to make such an
application.
• 3.By the legal representative of any deceased person who
immediately before his death was entitled to make such an
application.

4. Documents to be submitted along with
patent application
• Application Form in duplicate (Form 1)
• Provisional or Complete Specification (Form 2) In case of provisional
specification the complete specification must be filed within 12 months.
• Drawing in duplicate if necessary Abstract of invention in duplicate
Information of Undertaking listing the no., filing date & current status of
each foreign patent application. (form 3) in duplicate
• Priority Document
• Declaration of Inventorship (form 5)
• Power of Attorney if filed through patent agent (form 26)
• Fees to be paid in Cash/ Cheque/ DD.

5. Form Of Application
• Every application for a patent shall be for one invention only and shall be
made in the prescribed form and filed in the patent office.
• Every application under this section shall state that the applicant is in
possession of the invention and shall name the owner claiming to be the
true and first inventor; and where the person so claiming is not the
applicant or one of the applicants, the application shall contain a
declaration that the applicant believes the person so named to be the
true and first inventor.
• Every such application (not being a convention application) shall be
accompanied by a provisional or a complete specification Provisional
Specifications: It is a document in a prescribed form containing a
description of essential features of the invention. Where an application
for a patent is accompanied by a provisional specification, a complete

6. Provisional and complete Specifications:
• Provisional Specifications: It is a document in a prescribed form containing a
description of essential features of the invention. Where an application for a patent is
accompanied by a provisional specification, a complete specification shall be filed
within twelve months from the date of filing of the application, and if the complete
specification is not filed the application shall be deemed to be abandoned. The
provisional specifications normally contains following parts: Title Written
Description Drawings, if necessary Sample Or Model, if required : It is a document
in a prescribed form containing a description of essential features of the invention.
Where an application for a patent is accompanied by a provisional specification, a
complete specification shall be filed within twelve months from the date of filing of
the application, and if the complete specification is not filed the application shall be
deemed to be abandoned. The provisional specifications normally contains following
parts:
• Title
• Written Description
• Drawings, if necessary
• Sample Or Model, if required

7. Complete Specification
• Complete Specification: A complete specification is document in a prescribed form and
shall:-
• 1. Fully and particularly describe the invention and its operation or use and the method
by which it is to be performed.
• 2. Disclose the best method of performing the invention which is known to the applicant
and for which he is entitled to claim protection.
• 3. A claim or claims defining the scope of the invention for which protection is claimed.
The complete specifications have the following parts: Title
• Abstract Written
• Description Drawings,
• if necessary Sample or model,
• if required Enablement and
• best mode Claims Deposit (microbes)

8. Examination of application
• Examination of application :
• after submission of complete specifications. Search for anticipation by
previous publication and by prior claim :
• It is the duty of examiner to check applications
• Consideration of report of Examiner by Controller: Controller analyse
it and make gist of objection, send to applicant & provide prescribed
time to him to eradicate these objections.

9. • Power of Controller
• to refuse or require amended applications in certain cases
• to make orders respecting division of application
• to make orders respecting dating of application
• in cases of anticipation
• in case of potential infringement
• to make orders regarding substitution of applicants, etc.

10. • Time for putting application in order for acceptance
• An application for a patent shall be deemed to have been abandoned
unless within fifteen months from the date on which the first
statement of objections to the applicant by the Controller.
• Acceptance of complete specification: within 12 months from the
date of filing of provisional application .
• Advertisement of acceptance of complete specification

11. • Application for grant of exclusive rights: To sell or distribute article or
substance in India (made in prescribed form and on payment of fees).
• Opposition to grant of patent:
• four months from date of advertisement of acceptance of complete
specification (1 month may exceed) In cases of "obtaining" Controller
may treat application as application of opponent Refusal of patent
without opposition :
• its all depends on controller.
• Mention of inventor as such in patent.

12. • ANTICIPATION
• previous publication
• previous communication to Government
• public display, etc.
• public working
• use and publication after provisional specification

13. • PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
• To inventions relevant for defence purposes Secrecy directions to be
periodically reviewed:
• within 9 months (extend period of 3 months) by central govt.
Consequences of secrecy directions :
• central govt. provide him reward/payment

14. • GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY
Grant and sealing of patent:
• the application has been opposed and the opposition has been finally
decided in favour of the applicant.

15. Thank
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