Patent, Need for filing Patents, Steps for filing PATENT Application, Patent Drafting

1. Patents
Bindu Kshtriya

2. What is Patent?
- Patent is a governmental authority giving the inventor the
exclusive right to make, use, and sell the innovation for a
limited time period (20 years).
- Patents are territorial in nature. Indian patents are
effective only in India.
- For protecting the invention in other countries too, PCT
application is a worthfull flexibility.

3. Need of Patenting
- Patent provides some legal rights to the real
inventor or any of his assignee protecting the
invention viz., right to make, use, or sell the
invention.
- Patents upgrade the value of business.

4. Why One should Apply
for Patent?
- Patents provide legal right of ownership.
- Often required when applying for investment.
- Protect the invention from the date of filing
patent application until 20 years.

5. How an Invention Become Eligible
for Patent Protection?
- Invention must be new.
- It must be capable of industrial application.
- It must not contain any obvious content.

6. Applying for patent
- Filing of Patent Application
- Processing of Application
- Publication of Application
- Submission for the request for examination
- Pre-Grant Opposition
- Grant of Patent
- Post-Grant Opposition
- Maintenance of Patent

7. Filing of Patent
Application
Forms prescribed
Form 1: Main application form
Form 2: Provisional or complete specification
Form 3: Statements and undertaking under sec. 8
Form 5: Declaration to inventor-ship
Form 25: Power of Attorney

8. Processing of Application
Application is submitted to patent office, and a date
and serial no. is accorded by patent office.
Application is classified according to International
Patent Classification.

9. Publication of Application
- After 18 months from the date of filing patent
application, application is published in journal of
patent office.
- Early publication of the application is also
possible by making a request in form no. 9.

10. Submission for the request for examination
- Request for examination shall be filed within 48
months from the date of filing of patent application.
- In the absence of such request application will be
rendered as withdrawn.
- Report of such examination will be available within 3
months from such application.

11. Pre-Grant Opposition
- Can be filed by any person in form no. 7
- Opponents have to state the reason for such
opposition.
- All the facts and evidences related to the
opposition shall be submitted along with the
form no. 7.
- After hearing both the parties Controller shall
issue a speaking order either granting the
patent or rejecting the same.

12. Grant of Patent
If controller is satisfied of all the condition stated
under section 43 of Indian Patent Act, patent will
be granting by issuing a patent no. to the invention.

13. Post-Grant Opposition
- Any interested person can file for post-grant
opposition in form no. 7.
- Definition of interested person is given in sec. 2
of Patent Act.
- To absolve the matter, an Examination Board is
generally constituted by Controller, and after
hearing both the parties speaking order is
issued by the controller.

14. Maintenance of Patent
- After the grant of patent it is mandatory to make
it viable through the payment of required fees
on the regular time interval.
- Required fees is stated under schedule 1 of the
patent act.

15. Duration of Patent
20 years.
A patent shall provide exclusive privilege to make to its
owner till the expiry of 20 years from the date of filing of
patent application provided the patent application got
registered with national patent office.