Patent in India
A Patent in India is monopolistic protection granted to the applicant for an invention that has novelty and industrial use.
A patent gives its owner an exclusive right to commercially make, use, distribute, sell, or license the invention for financial gain.
A Patent in India is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
A patent in India lasts for 20 years.
The patent, in the eyes of the law, is an intellectual property right and it can be given away, inherited, sold, licensed, and can even be abandoned.
Who can apply for a Patent in India?
An application for Patent in India for an invention may be filed by any of the following persons either alone or jointly with any other person:
- True and first inventor
- True and first inventor’s assignee
- Legal representative of deceased true and first inventor or his/her assignee
Requirements for filing an application for a Patent in India
- Name, address and nationality of each inventor and applicants
- A copy of the Complete Specification which must include claims, abstract and drawings
- Verified English translation of the priority documents
- A Power of Attorney signed by an applicant or an authorized person of each applicant
- Proof of Right: a document transferring the rights from inventor to the applicants
- Information of the status of the patent applications filed in other jurisdictions for the same invention.
Cost of filing a Patent in India
|Click here: Fee for INDIAN applicants in Rupees.|
- Option 1: We charge an Attorney filing fee of US$400 + Actual Patent Office fee + ACTION based fee for prosecuting the case till grant/final disposal of the matter.
- Option 2: We offer to handle a case for a One-time FLAT Attorney fee of US$1125 + Actual Patent Office fee + NO further fee for prosecuting the case till grant/final disposal of the matter.
How to Get a Patent in India?
Click here: How to apply for Patent in India.
Inventions that can be Patented in India
An invention must, in general, fulfill the following conditions to be protected by a patent in India. It must be of practical use; it must show an element of novelty, that is, some new characteristic that is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called ‘prior art’.
The invention must show an inventive step that could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as ‘patentable’ under law.
In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are not patentable.
Merely to have a patent does not give the owner the right to use or exploit the patented invention. That right may still be affected by other laws such as health and safety regulation, or the food and drug regulation or even by other patents.
Inventions that can not patented in India
Yes, according to The Patents Act, 1970 the following inventions are not patentable:
- Frivolous or claiming anything obviously contrary to established natural laws.
- Contrary to public order or morality or prejudicial to life or environment.
- Discovery of scientific principle or formulation or discovery of living or nonliving substance.
- Discovery of a new form of property or use of a known substance or new use of a known process or machine or an apparatus not resulting in a new product.
- Substance obtained from the admixture of known components resulting in the only aggregation of their properties.
- Mere rearrangement or duplication of known devices.
- A method of agriculture or horticulture.
- Medical treatment or procedure of humans or animals.
- Plants or animals or seeds and biological processes of production or prorogation of these.
- Mathematical or business method or computer program or algorithm.
- Artistic or aesthetic creation like literary, dramatic, musical, or cinematographic or television production.
- Scheme or rule or method of performing any mental act or of a game.
- Presentation of information.
- Topography of integrated circuits.
- Aggregation or duplication of known properties of components.
- Inventions relating to atomic energy.
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FAQs for Patent in India
- Who can apply for a Patent in India?
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- How much does it cost to get a Patent in India?
- What kinds of Inventions can be Patented in India?
- Are there inventions that are not patentable in India?
- What kind of protection does a Patent in India offer?
- What rights does a Patent owner have?
- Why are Patents necessary?
- How is a Patent granted in India?
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- How can a patent be obtained worldwide?
- Can I disclose my invention to a potential investor before filing a patent application?
Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.