Patent Registration

Introduction

A patent is a type of intellectual property right that gives its owner exclusive authority to prevent others from making, using, selling, or importing the patented invention for a specific period. In return, the inventor must publicly disclose the details of the invention.

Simply put, a patent is a legal protection granted by the government that allows an inventor to exclusively produce, use, or commercialize their invention for a limited number of years.

Patent Registration in India

In India, a patent application can be filed with either a provisional specification or a complete specification. Filing a provisional specification is an initial step taken when the invention has progressed enough to be described in writing but is not yet fully finalized. This option enables the inventor to secure a priority date and obtain temporary protection at a lower cost. It provides time to further develop the invention before submitting the complete specification, which contains detailed claims and technical information about the invention.

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Patent Applications

Ordinary application
Conventional application
Provisional application
PCT International application

PCT National phase application

Provisional Patent

A provisional patent application remains valid for a period of 12 months from the date of filing. Within this time frame, the inventor must submit a complete specification to claim the benefit of the earlier provisional filing date.

If the complete specification is not filed within these 12 months, the provisional application is automatically considered abandoned. In such a case, the applicant loses the priority date and any temporary protection associated with the provisional filing.

Key Elements to Include While Drafting a Provisional Specification

When preparing a provisional specification, certain important points must be properly addressed:

The document should clearly mention the title of the invention along with a detailed description explaining its concept and features.
It must begin with the standard introductory statement: “The following specification describes the invention.”
The description section, starting on the next page, should outline the field of the invention, followed by the background, object, and a clear statement of the invention.
The applicant should disclose all relevant information available at the time of filing to adequately explain the invention.
It is important to note that claims are not included in a provisional specification; they are required only when filing the complete specification.

Careful drafting of the provisional specification helps establish an early priority date and lays the groundwork for the complete patent application.

Requirements for Patent Registration in India

Patent protection in India is regulated by the Indian Patent Act, 1970, which governs matters related to registration, renewal, assignment, and enforcement of patents. To qualify for patent registration, an invention must satisfy the following conditions:

Patentable Subject Matter: The invention must fall within the scope of patentable subject matter as defined under Sections 3 and 4 of the Patent Act, and must not be excluded from protection.
Novelty: The invention should be completely new and must not have been disclosed, published, or known to the public anywhere in the world before the filing date.
Inventive Step: It must involve a technical advancement or innovation that is not obvious to a person skilled in the relevant field.
Industrial Applicability: The invention should be capable of practical use and must be applicable in some form of industry.
Claims Requirement: While claims are not included in a provisional specification, they must be clearly defined in the complete specification to establish the scope of protection.

Meeting these criteria is essential to obtain valid patent protection in India.

Steps for Filing a Patent Application

The patent filing process involves several important stages, beginning with preparation and ending with the grant of the patent.
1. Patent Search
Before filing an application, it is recommended to conduct a thorough patent search. This helps determine whether the invention is new and non-obvious. A proper search enables the inventor or patent attorney to draft stronger claims and clearly distinguish the invention from existing technologies.
2. Drafting of Specification
Once the search is complete, the patent application is drafted in a technical and legal format known as a specification. It may be filed as a provisional or complete specification. A provisional specification does not include claims, whereas a complete specification contains detailed claims defining the scope of protection. The document generally covers the field of invention, background, objectives, summary, and the best method of performing the invention.
3. Filing of Application
The application is filed under the Indian Patent Act, 1970, using the prescribed forms. Filing a provisional specification secures a priority date, and the complete specification must be submitted within 12 months.
4. Publication
The application is published in the official journal after 18 months from the filing or priority date.
5. Examination and Prosecution
A request for examination must be filed within the prescribed time. The examiner reviews the application and may issue objections. The applicant must respond within the given period, and hearings may be conducted if necessary.
6. Grant of Patent
If the examiner is satisfied with the response, the patent is granted. Otherwise, the application may be refused.

Patent Registration

Introduction