The patent filing procedure in India is time-consuming. Any business or individual can apply for a patent. However, as per the regulations set by the Indian government, there are certain requirements and parameters that an individual or a company needs to meet before their product, software, or innovation can be patented.
An individual or a company needs to publicly disclose their invention or discovery before filing a patent application. As per the Patent Act of 1970 and Patent Rules, 2003, laid by the government of India, a patent of any product or invention is granted for twenty years and is valid within a specific geographical area. Similarly, a patent application is subject to a particular jurisdiction depending on the area in which a patent application is filled.
What Can Be Patented in India?
Any idea, discovery, or invention that hasn’t been used before or is not disclosed to the public in any part of the world is eligible for patent filing. Additionally, the invention or concept should not be obvious that can easily be decoded by any skilled professional. In the case of software, the idea should complement existing features and benefit the end-user by providing new technological advancements.
Products that help the manufacturing industry help overcome difficulties or make their business more efficient can be filed for patent protection. Equivalently, any discovery, innovative ideas, new products, or software should positively impact society. Moreover, it should help in the economic development of the country.
What Cannot Be Patented in India?
Any invention that can cause a disruption to any living thing cannot be patented. Concepts or ideas that defy nature’s laws or could challenge moral grounds are rejected by the Indian Patent Office. Furthermore, identifying a new species of any living organism, abstract theories, scientific principles, and any subject that doesn’t add economic value is not subject to patent filings.
Artists cannot file for patents on particular art forms, including music, films, and various types of series or theatrical productions. Any form of agricultural activity, simple mixtures of ingredients, duplicating a substance, and different ways of displaying available information or data is not eligible under the patent filing procedure in India.
Also, keep in mind that you cannot file patent applications for any products related to nuclear energy. Nor can you claim patents on hybrid plants or animals that have been grown or nurtured by you. You may discover a new method of playing a game, but it cannot be patented.
Application Process
Once you are certain that your product or concept is eligible for patent protection, you can begin by filling out Form 1. In the first step, you need to fill in basic information about yourself or your company and describe the product, software, or idea that needs patent protection.
After the first form, you will need to complete Form 2. You can either apply for a provisional or a complete patent, depending on the status of your product. You can apply for a complete patent if the product is fully functional and can be released in the market. However, if the discovery is still under development, you can apply for a provisional patent.
However, remember that you only have a year to complete the discovery process and produce the entire specifications of the product. Failing to achieve the same within twelve months will automatically reject your patent application.
Form 2 would require you to attach the title and summary of the product, reference any other patent applications, and add the names and contact information of all the people involved in the discovery process. Moreover, you will need to disclose any government grants you received during the research and development process, along with the full description of the product.
Anyone applying for a patent would be required to produce a document proclaiming public disclosure of the product, along with drawings or the concept chart and an oath or declaration duly signed by the applicant.
The next procedure involves Form 3, which is applicable if an individual or a company has filed for a patent in another country for the same concept or product. After that, if an individual is filing a patent as a start-up or a small entity, filling Form 28 is mandatory. The office would also want you to complete the inventorship declaration document by submitting Form 5.
Applicable Fees and Timeline
Details of applicable fees under various sections and circumstances can be found in the First Schedule of a patent application. Once the necessary documents have been submitted and the fees duly paid, you can expedite the procedure by filling Form 9.
Similarly, submission of Form 18 will initiate the process of scrutiny. The Indian Patent Office will grant or reject the application after an officer has examined the documents and the product that needs to be patented. The entire process of a patent application can take up to 48 months. Moreover, the princess itself is cumbersome. Thus, it is wiser to contact a professional service provider to help you with patent registration.
