What is Patent Application and How does it Work?

Patent application
Swarit Advisors
| Updated: May 11, 2018 | Category: Patent

It is an exclusive right provided to the patentee by the government regarding his invention from making, using, selling, and importing the patented product without the patentee’s permission. In this article we will discuss the Patent application.

By getting your invention patented, you protect your intellectual property for 20 years so that your invention cannot be copied, manufactured, sell or imported without your permission.

Additionally, the patentee can offer licensing facility to others to use it, sell it in exchange for royalties

What can be Patented?

  • Invention relating either to a product or process should be new.
  • It should have an inventive step or it must be non-obvious.
  • It should be capable of Industrial application.

What cannot be Patented?

The list below mentions inventions which cannot be patented as per the Act:

  • Any invention which is contrary to the established laws
  • Any invention which is prejudicial to human, animal, plant life or environment
  • Any discovery of living or non-living substances
  • a literary, dramatic, musical or artistic work or any other aesthetic creation
  • The invention which is an aggregation or duplication of known properties and others whose list has already been mentioned under the Patent registration Act.

Who can Apply for Patent?

  • True and First inventor or his assignee
  • In the case of joint applicants the first mentioned applicant

Where can the Patent application be filed?

For Resident Applicant

  • Application for patent registration process can be filed at the Patent Office under whose jurisdiction applicant resides ;
  • At applicant’s domicile;
  • Applicant’s place of business ;
  • the place from where the invention actually originated.

For Non-Resident Applicant

  • Application for patent registration can be filed at the address for service in India;
  • Place of business of his patent agent in India

How to File a Patent Application?

  • Patent Search: In order to ascertain the novelty of the invention, it is always advisable to do the patent search before filing an application.
  • Filing of an Application: Application can be filed with a provisional or complete specification. If the application is filed with the provisional specification, application with complete specification has to be filed within 12 months from the date of filing of a provisional patent application

*Note: From 20th July 2007 the patent application can be filed through an online portal.

  • Publication of Application: Within a period of 18 months from the date of filing of the application,  the application will be published in an official journal for the public to raise objections, if any
  • Examination of Patent Application: Now, the patent examiner will examine the application only when the request for the examination has been generated by the applicant within 48 months from the date of application. The response to the examination report marked by the objections issued to be filed within 12 months. If examiner needed, can demand a hearing of applicant or his agent.
  • Grant of Patent: If the objections are met and the examiner is satisfied by the reply of the applicant, the patent will be granted.

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