A Patent is an exclusive monopoly rights granted by the Government to an inventor or creator over his creation for a limited period of time. Patent is a recognition to the form of Intellectual Property manifested in the invention. Any invention or creation can be patented. However, there are certain criteria that such invention should be fulfil, it includes:
- It should be novel.
- It should be nonobvious
- It should possess an inventive step &
- It should have industrial application.
What cannot be Patented?
Inventions that fall under Section 3 and 4 of the Patents Act that cannot patented. It include inventions with regard to atomic energy, inventions against public morality and decency, agricultural and horticultural methods, medical and surgical processes, etc.
Who can file a Patent Application?
Essentially, the first and the true inventor or creator of the patent can apply for a patent protection. In the event of his or her death, the legal representatives can file a patent application. Legal representatives can be the person’s immediate family members or if the power of attorney is given to any lawyer then he can file for patent application on the behalf of the true or first inventor.
Further, if the patent is assigned to someone, then the assignee can make such application.
Where should the patent application be filed?
There are four Patent offices in India- Chennai, Mumbai, Kolkata and new Delhi. The Kolkata office is the head office. The territorial jurisdiction between the four offuces is divided as follows:
Kolkata Patent office being the Head office governs West Bengal, Bihar, Sikkim, Assam, Odisha, Tripura, Arunachal Pradesh, Jharkhand, Uttarakhand, Manipur, Mizoram, Meghalaya, Chhattisgarh, Nagaland and Andaman & Nicobar Islands.
The Mumbai patent office governs Maharashtra, Madhya Pradesh, Goa, Daman & Diu, Gujarat and Dadra & Nagar Haveli.
Chennai Patent office governs Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, Puducherry, Telangana and Lakshadweep.
New Delhi Patent office governs Haryana, Delhi, Jammu and Kashmir, Chandigarh, Punjab, Uttar Pradesh, Rajasthan and Himachal Pradesh.
How does one Determine the Appropriate Office for filling the Application for Patent?
The appropriate office for filing the patent application can be identified by-
- Place of residence, domicile or business of the applicant.
- Place where the invention or creation actually originated.
- Address of the service in India given by the applicant. (This is applicable only in the case of foreign applications.)
What should the Application Include?
Your application for filing a patent should contain the following documents:
- Application for grant of patent in Form 1.
- Proof of the right to file the Application from the inventor. This is applicable if the invention has been assigned to someone else.
- Declaration of Inventor-ship- In case the patent application is being by the true and first inventor of the invention then he has to submit a declaration which states that he is the true and first inventor of that invention.
- Statement and undertaking- In case the inventor further in the future files for a patent application may be in America or Europe, he has to update this to the patent office and keep them informed about the patent application that has been filed in other countries with respect to that particular invention.
- Provision or Complete specification in form 2.
- Power of authority in for 26 if filed through a patent agent.
- Applications should bear the signature of the applicant or authorized person/ patent agent along with the name and the date.