A patent provides the owner exclusive rights to make, use, and sell an invention for a limited period. To be patentable, an invention must be novel, non-obvious, and useful. There are three types of patents: utility, design, and plant. The TRIPS agreement standardizes basic patent rights and requires protection for at least 20 years. In India, inventions relating to atomic energy or methods of agriculture cannot be patented. To apply, an applicant submits forms, specifications, drawings and fees to the appropriate patent office. If granted, a patent is valid for 20 years from the application date.

1. PATENT
Definition: A Patent is an exclusive right granted by the government to the owner of the
invention for a limited period to make, use, manufacture and market the invention, provided
the invention satisfy the following criteria:
Novelty: A novel invention is one, which has not been disclosed, in the prior art,where prior
art means everything that has been published, presented or otherwise disclosed to the public
on the date of patent.
Inventiveness (Non-obviousness): Inventive step is a feature of an invention that involves
technical advance as compared to existing knowledge or having economic significance or
both, making the invention non obvious to a persons killed in art.
Usefulness: An invention is capable of industrial application if it satisfies three conditions,
cumulatively:
• can be made
• can be used in at least one field of activity
• can be reproduced with the same characteristics as many times as necessary.

2. Types of Patents
There are three types of patents
1. Utility Patent: protect any new and useful process, machine, manufacture, or composition
of matter, or any new and useful improvement thereof.
• Utility patents protect the functional aspects of invention.
2. Design Patents: protect any visual ornamental characteristics embodied in, orapplied to,
an article of manufacture.
• Design patents protect the ornamental, non-functional aspects of your invention.
3. Plant patents: protect any new variety of plant, other than a tuber propagated plant or a
plant found in an uncultivated state.

3. TRIPS Agreement : The TRIPS agreement says thatgranting protection through patentshould have following
provisions:
 Patent protection must be available for inventions for at least 20 years.
 Patent protection must be available for both products and processes, in almost all fields of technology.
 Governments can refuse to issue a patent for an invention if its commercial exploitation is prohibited for reasons
of public order or morality.
 The agreement describes theminimum rights that a patent owner must enjoy.
 Inventions which are not patentable in India:-
 an invention which is frivolous or which claims anything obviously contrary to well established natural laws .
 the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing
or non-living substance occurring in nature.
 A substance obtained by mere admixture resulting only in the aggregation of the properties of the components
thereof or a process for producing such substance.
 A substance obtained by mere admixture resulting only in the aggregation of the properties of the components
thereof or a process for producing such substance.
 A method of agriculture or horticulture.
 any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human
beings or any process for a similar treatment of animals to render them free of disease or to increase their
economic value or that of their products.
 Inventions relating to atomic energy.

4. Filing a Patent Application
 There is only one application filed for one invention.
 It is to be filed in triplicate in a prescribed form along with the prescribed fees in the
appropriate patent office.
 It should be accompanied by a provisional or a complete specification discussed later.
 The appropriate office means, an office within whose territorial jurisdiction the applicant or
the firstapplicant in the case of a joint application normally resides, or has his domicile or
has a place of business, or the place where the invention originated falls.
 If the applicant has no place of business or domicile in India, the appropriate office would
mean having jurisdiction over the place of business address in India given by the applicant.

7. Documents required to file a patent application
 Application form (Form 1),
 Specification (Form 2),
 Drawings (if needed to describe the invention clearly and sufficiently),
 Undertaking under section 8 (form 3),
 Declaration of inventorship (Form 5, in case complete specification is filed after provisional),
 Document to claim priority (in case of aconventional application), and
 Power of Authority (if the patent application is filed through a patent attorney).
 Register of patents
There is a register of patents kept at the Patent Office.
The following particulars are entered in it:
• the names and addresses of grantees of patents;
• notification of assignments and transmission of patents of licenses under patents, and of amendments and
revocation of patents;
• particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed.
Term (life) of a patent
The term of the patent according to the amended Patent Act is 20 years from the date of patent.

8. Govt. fee for filing a patent application
The Government fee in India for filing a patent application is as follows;
1. Individual -Rs.1600/-,
2. Other than individual, like MSME -Rs. 4000/-, and
3. Pvt. and / or Public Ltd. Company -Rs. 8000/-
Various Patent Offices in India

10. The record for being the youngest patent holder was set by Hridayeshwar Singh Bhati of Jaipur, Rajasthan. He
invented a six-player circular Chess board, for which he received the patent on July 26, 2011 (Design no.
238319), at the age of 8 years, 10 months and 23 days.
Pradhan Mantri Rashtriya Baal Shakti Puruskaar winner 2020