Procedure For Registration of Patents

Procedure for Registration of
Patents
1
By- Antalina Guha
B.A. LL.B.
7TH SEM
DIVISION A
2 Introduction
What is a Patent?
A Patent is an exclusive monopoly rights granted by the Government to an inventor over his
invention for a limited period of time, Patent is recognition to the form of intellectual property
manifested in invention.
Who can File a Patent Application?

 Essentially, the first and true inventor of the patent can apply for a patent,
 In the event of his/her death, the legal representatives can file a patent application
 If the patent is assigned to someone, then that assignee can make such application
3 What can be Patented?
 Any invention can be patented. However, there are certain criteria that such invention should fulfil,
including,
 It should be novel- The invention should not have been anticipated by publication in any document or
should not have been used in the country or anywhere before the filing of the application.
 It should be non obvious- It should not be simple which can be thought by anyone
 It should possess an inventive step- The invention should add to the existing technology that is present.
 It should have an industrial application- Should be capable of being used in any kind of industry.
4 What cannot be Patented?
 Inventions that fall under Section 3 and 4 of the Patents Act cannot be patented.
 Includes invention with regard to
 Atomic Energy
 Invention against Public Morality and Decency
 Agriculture and Horticultural Methods
 Medical and surgical Processes
5 Where should Patent Application be Filed?
 There are four Patent Offices in India

 Kolkata-Head Office
 Mumbai
 Chennai
 New Delhi
 The appropriate office for filing the patent application can be identified by:
 Place of residence, domicile or business of the applicant
 Place where the invention actually originated.
 Address for service in India given by the applicant.( This is only applicable in case of
foreign applications)
6 Steps to be Followed
The inventor, the assignee, or one of his legal representatives (in case the inventor is deceased) can apply
for a patent in one of the patent office depending upon the jurisdiction of the applicant. The steps to apply
are as follows:
 Disclosure of the invention-This is the first step in case the applicant wants to take the help of a
professional in the filing of a patent, thereby disclosing his invention to the professional and also
signing a non-disclosure agreement.
 Patentability Search-He performs extensive research for prior evidence in all the possible databases
and builds a patentability search report based on his research. This report helps you to decide whether
to go ahead with the patent or not.
 Decision regarding application for a patent only in the native country or both native and foreign
countries-The patent application process can be proceeded overseas also by filing an international
patent application under the Patent Cooperation Treaty.
 Draft the Patent application -One can draft a patent application on his own or can take a professional’s
help. The application can be for one invention only.
 Filing of the Patent application-The patent applications should be filed in an appropriate Patent Office
as per its territorial jurisdiction to which the applicant belongs.
7 Contd.
 Publication of the application-Upon filing the complete specification along with the patent application,
the application is published after 18 months of first filing by the patent office.
 Request for examination-The patent application is examined only when a request for examination is
made. Upon receiving the request for examination, the Controller sends the patent application to a
patent examiner who examines the patent application and creates a first examination report of the
patent application. It generally contains prior arts which are similar to the invention claimed in the
patent application and the same is reported to the applicant.
 Response to objections (if any)-Most of the patent applicants receive some type of objections which
are based on the examination report. It is better to get it analyzed with a patent agent and then, create a
response to the objections raised in the examination report.
8 Contd.
 Clearing all the objections-To ensure that all the objections raised in the patent application are
resolved, the inventor gets his fair chance to prove his point and establish novelty and inventive step of
his invention.
 Grant of Patent-The patent application would be placed for a grant once it is found to meet all the
requirements of patentability. Once the patent is granted, it is notified in the Patent Journal which is
published from time to time and a Patent Certificate is issued in a form as notified in the Third
Schedule in the Patents Act, 1970.
9 How Should the Application be Submitted?
 There are two modes of filing an application

 Manual- The documents will have to be submitted at the appropriate patent office.
 Online
 The E-filing of a patent application requires adherence to the following procedure:
 The applicant or agent should possess a digital signature
 The applicant or agent should register as a new user and create a login ID on the Patent Office Portal (
www.ipindia.nic.in )
 The Client Software on the portal should be downloaded and installed. It will generate an XML file
wherein the soft copies can be uploaded.
 On successful uploading and payment, the application number and CBR receipt along with the date
and time of submission is generated.
10 SHOGUN ORGANICS LTD. V. GAUR HARI
GUCHHAIT AND ORS
 Decided On: 16.06.2020

 Court: Delhi High Court
 The Plaintiff, a company engaged in the research, manufacture and sale of mosquito repellants claimed
that it had developed a six-step process for synthesis of D-trans Allethrin, an insecticide used in
mosquito repellants and similar products. The company filed a patent application for the same in 2007,
in response to which one of the Defendants filed a pre-grant opposition. Holding the Plaintiff’s patent
to be valid, the Court rejected the Defendants’ claim that the patent lacks novelty and is prior published
due to lack of evidence. The Court held that there is no evidence submitted by the Defendants’ side to
rebut their arguments and hence, the Court granted the Plaintiff a permanent injunction, restraining the
Defendants from manufacturing or selling D-trans Allethrin. The Defendants were further directed to
render accounts of sales of the ingredient already sold and pay five percent of the sales as
compensation to the Plaintiff for the loss of profits.
11
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Procedure for Registration of

Who can File a Patent Application?

 There are four Patent Offices in India

 There are two modes of filing an application

 Decided On: 16.06.2020

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