Patents Registration

In India, the Patents Act 1970 only provided for process patent and for product like food, drugs and chemicals, the inventors were granted only EMR (exclusive marketing rights). However, under the Patents Act (Amendment), 2005 product patents were also allowed to be granted in respect of the above products with effect from Ist January, 2005. Now, along with post grant opposition to patents, pre-grant opposition is also permissible under Patents Act (Amendment), 2005. Patent system in India is administered under the superintendence of the Controller General of Patents, Designs, Trademarks and Geographical Indications. The Office of the Controller General functions under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. The Controller General of Patents, Designs & Trade Marks directs and supervises the functioning of, the Patent Office and the Patent Information System (PIS), at Nagpur has been functioning as patent information base for the users. The PIS maintains a comprehensive collection of patent specification and patent related literature, on a world-wide basis and provides technological information contained in patent or patent related literature through search services and patent copy supply services to various users of R&D establishments. Government offices, private industries, business, inventors and other users within India.

Patents are defined as monopoly rights which are granted, by the Government, for full disclosure of invention, which may be a product or a process, for a limited time period of time, that is, for 20 years time period. It thus provides a new way of doing something or offers a new technical solution to a problem. Inventions that consist of products or new alloy is called product invention and the corresponding patent to this is referred to as ‘product patent’, whereas, inventions that consists of process or processes of making a known or new alloy is a process invention and patent for this is called a ‘process patent’. The purpose of granting patents is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. Thus, Patents ensure property rights (legal title) for the invention for which patents have been granted, which may be extremely valuable to an individual or a Company. One should make the fullest possible use of the Patent System and the benefits it provides.

Patent right is territorial in nature in India and a patent obtained in one country is not enforceable in other country. The inventors/their assignees are required to file separate patent applications in different countries for obtaining the patent in those countries. In order to apply in all countries with uniform application, there is alternative to apply for patent through PCT (Patents Cooperation Treaty).

Requirements for granting Patents

• 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 the light of the prior publication/knowledge/document.
• Industrially applicable: – Invention should possess utility, so that it can be made or used in an industry.