Patent

Dr. Riti Thapar Kapoor

Patent System In India
The Patent System in India is governed by the Patents Act, 1970 as
amended by the Patents (Amendment) Act, 2005 and the Patents Rules,
2003, as amended by the Patents (Amendment) Rules 2006 effective
from 05-05-2006.
How is a patent obtained?
o File an application for patent
o With one of the patent offices based on territorial jurisdiction of the
place of office or
residence of the applicant /agent
o Pay the required fee
o Information concerning application form and details of fee available at
[Link]
o Guidelines for applicants also available on this website
The Patent Office then
- Conducts searches to ascertain the prerequisites
- Publishes the application
- Conducts in-depth examination
- Raises objection to the application
- Grant the patent
 Provisional specification Complete specification

Title, Abstract Title , Abstract (not required)

Written description Written description

Drawings, where ever necessary Drawings, If necessary

Sample or model, if required by the Sample or model, if required by the

examiner examiner

Enablement and best mode Enablement and best mode (not

required)
Claims Claims (not required)
Documents required for filing the patent

✓ Application form in duplicate

✓ Provisional or complete specification in duplicate, if provisional specification is filed, it must be
followed by complete specification in 12 months
✓ Drawing in duplicate (if required to explain the invention)
✓ Abstract of the invention in duplicate.
✓ Information & undertaking listing the number, filing date & current status of each foreign
✓ patent application in duplicate (Form 3).
✓ Priority document (if priority date is claimed) in convention application, when directed by the
Controller.
✓ Declaration of inventorship where provisional specification is followed by complete
specification or in case of convention/PCT national phase application (Form 5).
✓ Power of attorney (if filed through Patent Agent).
✓ Fee (to be paid in cash/by cheque/by demand draft) (Schedule I).
✓ (The cheque or demand draft should be payable to the "Controller of Patents" drawn on any
schedule bank at a place where the appropriate office is situated).
Grant of patents

1. When the patent application is found to be in order, patent will be granted.

2. The concerned authority of patents shall publish the fact that the patent has
been granted and thereupon the application, specification and other
documents related thereto shall be open for public inspection on the grant of
patent.
Withdrawal of patent application
✓ The application for patent can be withdrawn at least 3 (Three) months before the
first publication which will be 18 (Eighteen) months from the date of filing or date of
priority whichever is earlier.

✓ The application can also be withdrawn at any time before the grant of the patent.
The application withdrawn after the date of publication cannot be filed again as it is
already laid open for public inspection.

✓ However, application withdrawn before the publication can be filed again

provided it is not opened to public otherwise.
Opposition proceedings to grant of patents

1. During publication of the patent application but before granting of patent, any interested
person can oppose in writing against the grant of patent to the concerned authority.

2. At any time of patent grant, but before the expiry of a period, any interested person can
represent and give notice of opposition against the grant of patent to the concerned
authority in the prescribed format.