Patent registration can be obtained in India for an invention. Patent registrations are not applicable
for all inventions, and the invention must satisfy certain criteria to be patentable in India.
As per the Patent Act, for an invention to be patentable, the invention must be a new product
or process, involving an inventive step and capable of being made or used in industry.
It means the invention to be patentable should be technical in nature and should meet
the following criteria –
* Novelty: The matter disclosed in the specification is not published in India or elsewhere before the
date of filing of the patent application in India.
* Inventive Step: The invention is not obvious to a person skilled in the art in light of the prior
publication/knowledge/ document.
* Industrially applicable: Invention should possess utility so that it can be made or used in an industry.
A patent application for an invention can be made by any of the following persons
either alone or jointly with any other person:
1. The true and first inventor
2. True and first inventor‘s assignee
3. The legal representative of the deceased true and first inventor or his/her assignee
The Patent Act defines the word “person” as including any natural person, company or
association or body of individuals or government body, whether incorporated or not.
In the case of a proprietorship firm, the application should be made in the name of the
Proprietors. In the case of a partnership firm, the names of all personally responsible
partners must be included in the patent application.
An assignee can also be a natural person or other than a legal person such as a registered
company, LLP, a Section 8 Company, an educational institute or Government.
It is also important to note that true and first inventor does not include either the first
importer of an invention into India or a person to whom an invention is first communicated
from outside India. Th applicant is required to disclose the name, address and nationality
of the true and first inventor.
A patent application can be filed electronically using Form-1 along with provisional/complete
Specification, with the prescribed fee at the appropriate patent office. Jurisdiction of a
patent office is decided based on the following:
1. Place of residence, domicile or business of the applicant
(first mentioned applicant in the case of joint applicants).
2. Place from where the invention actually originated.
3. Address for service in India given by the applicant, when the Applicant
has no place of business or domicile in India (Foreign applicants).
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.
The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.
Rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.
A patent application is a plea for the grant of a patent for the invention described and claimed by the applicant. An application for this purpose generally comprises of a description of the invention, added with official forms and correspondence relevant to the application. Patent applications are of several types, and each one of them caters to a unique purpose.
The types of a patent application are:
1. Provisional Application
2. Ordinary or Non-Provisional Application
3. Convention Application
4. PCT International Application
5. PCT National Phase Application
6. Patent of Addition
7. Divisional Application
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