This document discusses key features of the Indian Patent Act and the benefits of patenting for agricultural research and development. It addresses frequently asked questions about patenting. The Indian Patent Act allows for product patents in food and drugs. Patents provide 20 years of protection and can cover microorganisms. Opposition is allowed for interested parties. Section 3d relates to new uses or properties of known substances. Traditional knowledge cannot be patented. Collaboration and patent searches are recommended. Patents can help with technology transfer, commercialization, networking, and identifying niche areas.

1. Patent Search in Agri. R&D
S.K. Soam
Head, ICM Division
NAARM, Hyderabad
sudhir.soam@icar.gov.in

2. Indian Patent Act: Most relevant
features after three amendments
1. Product patentable in food and drugs
2. Protection term-20 years after publication
3. Microorganisms patentable
4. Request for examination after publication
5. PCT and application within 12 months
6. Provisional application (Final claims later)
7. Post grant opposition- interested parties? Roche’s Pegasys revoked
in November 2012-opp Sankalp rehabilitation trust Mumbai
8. Section 3d- mere discovery of new use, new property, new
form?- enhancement of known efficacy/ inventive step/human
intervention
9. Section 3p- No to Traditional Knowledge/ Avesthagen patent
abandoned in EPO in Jan 2012/ revoked in India in October2012
10. Biodiversity- declaration on Form-1/permission from NBA

3. Scientific advantage of patents
• Patent as publicity/visibility tool [patent vs
publication]
• Commercialization tool
• Knowledge Tool
• Niche identification Tool
• Networking/Collaboration Tool

6. Patent Search: Collaboration

7. Patent: General FAQs
• Why do I patent?
• Helping farmers in tech transfer
• Where do I patent?
• No 100% TRIPs harmonization/ look for USP
• Do we require Hi-Fi research?
• Large no. of patents on simple inventions
• How do I do patent search?
• Free-USPTO/EPO/WIPO/India. Paid-Thomson
professional- Do yourself with your friends
• What is the role of Attorneys in patent application?
• Look for good patent agent with scientific background
• Should I look for patent journal every month?
• Off course without fail