PATENT REGISTRATION IN INDIA
A patent is a crucial form of intellectual property protection that grants an inventor exclusive rights over their invention whether it is a product, process, or technology. Patent registration in India ensures that no other individual or entity can produce, sell, or use the invention without the inventor’s consent. The process is governed by the Indian Patent Act, 1970, which sets out the framework for granting and enforcing patent rights in the country.
WHAT IS A PATENT?
A patent is an official legal right granted to an inventor for a new and useful invention. It provides the patent holder with the exclusive authority to manufacture, use, and sell the invention for a limited period usually 20 years from the date of filing. In return, the inventor must publicly disclose the technical details of the invention, contributing to overall scientific and industrial advancement.
ELIGIBILITY FOR PATENT REGISTRATION
To qualify for patent protection in India, an invention must meet three essential criteria:
i. Novelty: The invention should be new and not disclosed anywhere in the world before the filing date.
ii. Inventive Step (Non-obviousness): The invention must not be an obvious modification of existing knowledge or technology.
iii. Industrial Applicability: The invention must be capable of being made or used in an industry.
INVENTIONS ELIGIBLE FOR PATENT PROTECTION
Patent protection in India extends to various categories of inventions, including:
· Products: New machines, devices, compositions, or substances.
· Processes or Methods: Innovative techniques for manufacturing or producing goods.
· Chemical Compositions: New compounds, pharmaceuticals, or chemical mixtures.
· Biotechnological Innovations: Genetic engineering, modified organisms, and bioprocesses.
· Software-linked Inventions: Computer-related inventions with a technical application or effect.
INVENTIONS NOT ELIGIBLE FOR PATENT PROTECTION
Certain discoveries or innovations are excluded from patentability under the Indian Patent Act, 1970. These include:
· Inventions contrary to natural laws or morality.
· Discoveries of scientific principles or abstract theories.
· Naturally occurring substances.
· Medical or surgical treatment methods for humans or animals.
· Plants, animals, and biological processes (except microorganisms).
· Computer programs or mathematical algorithms.
· Literary, artistic, or musical works.
· Mere arrangements or duplication of known devices.
· Inventions relating to atomic energy.
PATENT OFFICE JURISDICTIONS IN INDIA
Patent applications are filed at the appropriate Patent Office based on the applicant’s location or origin of invention. India has four main Patent Offices:
Patent Office |
Jurisdiction |
Mumbai |
Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh, Daman & Diu, Dadra & Nagar Haveli |
Delhi |
Delhi, Haryana, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Himachal Pradesh, J&K, Chandigarh |
Chennai |
Tamil Nadu, Andhra Pradesh, Karnataka, Kerala, Puducherry, Lakshadweep |
Kolkata |
Bihar, Odisha, West Bengal, Assam, Sikkim, and other northeastern states including Andaman & Nicobar Islands |
PATENT RENEWAL AND RESTORATION:
A granted patent is valid for 20 years, subject to payment of annual renewal fees. Failure to renew results in patent expiry, making the invention public property.
If a patent lapses due to non-payment of renewal fees, it can be restored by filing Form 15 within 18 months from the date of expiry, along with a statement explaining the delay.
WHY PATENT REGISTRATION MATTERS:
· Legal Protection: Prevents others from copying, selling, or using your invention without authorization.
· Monetary Benefits: Patents can be licensed, sold, or used to attract investors.
· Business Advantage: Establishes a competitive edge and enhances brand credibility.
· Asset Creation: Patents serve as intangible assets that add significant value to a company.
· Encourages Innovation: Promotes continued research and technological advancement.