Patent : An Introduction
What is patent?
Patent is an exclusive right granted by the government to innovators for a limited period of time against the full disclosure of the invention.
The main objective of patent law is to promote knowledge sharing by providing opportunities to the innovator to recover the investment incurred and to earn profit. Such knowledge sharing contributes to an overall scientific and technological development by enabling others to use the patented invention for carrying out further research and to use it freely after the expiry of patent term. Similarly, the opportunities to the innovator to recover the investment incurred and to earn profit serves a motivating factor for the innovators. Thus, the ultimate objective of the patent law is raising standard of living by promoting scientific and technological development.
In India, patents are governed by The Patents Act, 1970 (As modified and amended) & The Patent Rules, 2003 (As modified and amended).
What is patentable?
A subject matter must satisfy three criteria to be granted as patent. These are:
- Novelty
- Inventive-step
- Industrial application
Who can apply for patents in India?
An application for patent can be made by any one of below given person separately or jointly:
- True and first inventor
- Assignee of the true and first inventors
- Legal representative
What are the type of patent applications?
There are total five (5) types of patent application. These are:
- Ordinary patent application
- Convention patent application
- PCT national phase patent application
- Patent of addition
- Divisional patent application
Note: This blog includes details about ordinary patent application. Details pertaining to other types of application are provided separately.
Ordinary patent application can be filed with provisional specification or complete specification.
Provisional Specification:
When a concept or idea has been developed enough to be disclosed on paper; however the invention has not been performed completely, the applicant is advised to file the patent application with provisional specification to get a priority date. An ideal provisional specification should contain everything which a complete specification contains except claims and examples. A provisional patent application must be followed by a complete specification within 12 months from the date of filing the provisional specification. In case of failure, the provisional application is deemed to be as abandoned. No patent is granted based on a provisional patent application alone.
Complete specification:
A complete specification can be filed following the provisional specification within the period of 12 months or directly with the patent application without filing provisional application previously. A patent application is deemed complete only after filing the complete specification. The complete specification contains the description of invention in a manner that it enables a person skilled in the art to perform the invention without any additional guidance. The complete specification is followed by the statements of claims.
Contents of complete specification:
A typical complete specification should contain:
- Title of invention
- Field of the Invention
- Background of the invention / description of prior art and their drawbacks
- Summary of the invention / objective of invention / advantages of the invention
- Brief description of the drawings
- Detailed description of the invention
- Statement of claims
The specification should also be accompanied with an abstract clearly and succinctly describing the invention. The abstract is not a part of specification and not considered for ascertaining the scope of the claims.
Patent Agents/Attorneys and their roll:
Patent Agents/Attorneys are professionals who are duly recognized and registered with Indian patent office for representing their clients before the patent office. Patent Agents/Attorneys helps their clients and assist them in various patent processes starting from ascertaining the patentability to expiry of the patent. These various patent processes includes but not limited to patentability assessment, drafting specification, filing patent application, responding objections, attending hearing, renewing granted patents and enforcing the patents through courts.
Disclaimer: The information provided herein is purely for the information purpose only. The information contained herein neither be understood as legal advice nor constitute an attorney client relationship. The information herein is intended to serve to the public in general; therefore, uses general terms rather than legal jargons. The content shall be construed accordingly.
I think the admin of this website is really working hard in support of his web site, because here every data is quality based material.
Thank you for another informative website. The place else may
just I am getting that type of information written in such an ideal manner?
I have a undertaking that I’m simply now operating on, and I’ve been on the look out for such information.
Hey I know this is off topic but I was wondering if you knew of
any widgets I could add to my blog that automatically
tweet my newest twitter updates. I’ve been looking for a plug-in like this
for quite some time and was hoping maybe you would have some
experience with something like this. Please let me know if you run into anything.
I truly enjoy reading your blog and I look forward to your new updates.
But wanna remark that you have a very decent web site, I like the style and design it really stands out. Callie Reggie Avera
Way cool! Some very valid points! I appreciate you writing this write-up and also the rest of the website is also really good. Enrika Ephrem Allin
Way cool! Some very valid points! I appreciate you writing this article plus the rest of the website is really good. Corrianne Jermayne Umeh
You made some clear points there. I looked on the internet for the topic and found most people will approve with your website. Bernadette Eli Gwenora
I really like your writing style, superb information, regards for posting :D. Arly Bo Allyce
Assertively iterate resource maximizing products after leading-edge intellectual capital. Candy Iggie Pillsbury
Way cool! Some very valid points! I appreciate you penning this write-up plus the rest of the site is extremely good. Paloma Ced Starbuck
Way cool! Some very valid points! I appreciate you writing this article and the rest of the website is really good. Bettye Burch Quintessa
Some really fantastic articles on this internet site , thanks for contribution. Clair Cordy Roxanne
I wish I could craft such articles as this. Thank you very much. Wren Bondon Dehnel
Amazing! Its genuinely awesome paragraph, I have got much clear idea concerning from this article. Chandra Wallis Phare
Way cool! Some very valid points! I appreciate you penning this post and also the rest of the website is also very good. Amalia Morly Loomis
Paragraph writing is also a excitement, if you be familiar with then you can write or else it is complex to write. Jacquenetta Gaspard Terena
This article actually helped me with a report I was doing. Manon Cornie Elwina
I was looking through some of your content on this internet site and I believe this website is really instructive! Keep posting . Pepita Lon Caddaric
I really enjoy the blog article. Much thanks again. Keep writing. Dulcia Francklin Wasserman
It as simple, yet effective. A lot of times it as very difficult to get that perfect balance between superb usability and visual appeal. Matti Correy Kosaka
I truly enjoy studying on this website , it contains great blog posts. “Wealth and children are the adornment of life.” by Koran. Darrelle Christophorus Gascony
There is apparently a bunch to realize about this. I suppose you made certain nice points in features also. Remy Garfield Tien
This is a truly respected post. Thanks instead of posting this. Star Hilly Foley
Really nice design and good subject material. Please also check my website. I love cars!
I believe what you posted was actually very reasonable. Ruthie Silvester Mumford
This is one awesome blog article. Really looking forward to read more. Really Cool. Ermina Keane Venn
Hello, just wanted to mention, I liked this blog post. Eunice Hugibert Daisie
I really enjoy the blog. Much thanks again. Want more. Audrey Levin Glenine
Way cool! Some very valid points! I appreciate you writing this write-up
and also the rest of the site is very good.
Also visit my web page: 2021 (https://postheaven.net/bathmonkey34/using-those-business-cards)
First of all I would like to say wonderful blog! I had a quick question which I’d like to ask if you
don’t mind. I was curious to find out how you center yourself and clear your
mind before writing. I’ve had a tough time clearing my mind in getting my ideas out
there. I do enjoy writing however it just seems like the first 10 to 15 minutes are wasted simply just trying to figure out how to begin.
Any recommendations or hints? Many thanks!
My webpage pass microsoft certification (Quincy)
We have the best professionals working to give the best and hassle free experience. To know more about our team visit https://delhiip.com/careers/
I have been exploring for a little bit for any high quality articles or weblog posts in this kind of house .
Exploring in Yahoo I eventually stumbled upon this site.
Studying this information So i am happy to show that I’ve a very just right
uncanny feeling I came upon just what I needed. I so much no doubt will make certain to don?t forget this website and give it a glance regularly.
Excellent web site. Plenty of useful info here. I?m sending it to several friends ans also sharing in delicious. And obviously, thanks for your effort!
Thank you for providing me with these article examples. May I ask you a question?
You helped me a lot with this post. I love the subject and I hope you continue to write excellent articles like this.
Thanks for your help and for posting this. It’s been wonderful.
Thank you for your articles. They’re very helpful to me. May I ask you a question?
Thank you for writing about this topic. It helped me a lot and I hope it can help others too.
Thank you for writing this post. I like the subject too.
Thank you for writing such an excellent article. It helped me a lot and I love the topic.
Dude these articles have been great. Thank you for helping me.
What are your articles about? Please tell me more.
Please provide me with additional details on the matter
Please answer my question. How can i contact you regards this article?
You’ve been a great help to me. Thank you!
Thanks for posting. I really enjoyed reading it, especially because it addressed my issue. It helped me a lot and I hope it will help others too.
I enjoyed reading your piece and it provided me with a lot of value.
Thanks for your help and for writing this post. It’s been great.
My brother suggested I might like this website. He was totally right. This post actually made my day. You cann’t imagine just how much time I had spent for this info! Thanks!