PATENT FILING IN INDIA


Introduction:


Patent Filing in India is a process to get Registered Patent & patent business ideas in India.

In a simple word, Patent filing is a process to get Granted or Registered Patent. Almost every country has a Patent System for granting of rights to the person who has created something new. Normally, the government of the Country holds the right to grant a monopoly to the inventor for his/her Idea/Innovation/Invention for the specified period. Basically, the purpose behind giving monopoly is to give reward/recognition to the person who has invested money, sweat and time for building something which is solving certain problems and making human- beings’ life better. So, as a duty, Government provides a recognition/reward in the form of Patent Grant Certificate which gives a sole monopoly to the inventor for his/her creation.

For Patent filing, country-specific Law needs to be fulfilled. Patent filing in India, Indian Patent Office (IPO) is the Patent Granting Authority administered by the Office of the Controller General of Patents, Design and Trademarks (CGPDTM) which comes under Ministry of Commerce & Industry Department of Industrial Policy & Promotion.


For Patent Filing in India: Indian Patent Office (IPO) follows Indian Patents, Act 1970 and Indian Patent Rules, 2003 for Patent filing in India up to grant of the Patent. IPO works with four branch Patent Offices namely Kolkata, Delhi, Mumbai and Chennai Patent Office for Patent filing and administration. Patent filing is based on the territorial jurisdiction of the Applicant.



Patent Filing in Bangalore or Patent filing in Hyderabad:


If an Applicant is belonging from Bangalore (Karnataka) or Hyderabad (Telangana), in that case, Chennai Patent Office would be the Patent Filing office for the Applicant, if he/she is searching for Patent filing in Bangalore or Patent Filing in Hyderabad. Territorial jurisdiction is already being decided by the administration for Patent filing. Patent filing in Bangalore or Patent filing in Hyderabad is decided based on the Applicant’s place of business.
Now, it is important to understand what exactly is to be filed in the Patent Office for obtaining a Patent Registration. Patent filing is a tedious task and involves lots of checks, strategies, expertise, and prerequisites before Patent filing for Patent Registration.

IPExcel gives all answers to the questions related to the patent or can idea be patented in india. You can Secure your invention by Patent Filing in Bangalore or Patent Filing in Hyderabad



WHAT IS A PATENT?


Patent draws its rights from the government where it is filed, it gives negative rights to the Applicant to exclude others from making, using, selling, offering for sale and importing of Patented Product or Process. It gives a sole monopoly to the Applicant for the limited period of time, generally twenty years from the date of Patent filing of the invention in the Patent Office.

Patent Filing in Bangalore & Patent Filing in Hyderabad- Protecting your inventions through Patents or patent business idea in india.

“Further, according to Indian Patents, Act 1970: “Patent” means a Patent for any “Invention” granted under Patents, Act 1970. “Invention” means a new Product or Process involving an “Inventive Step” and “Capable of Industrial Application”. “Inventive Step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. “Capable of Industrial Application” means that the invention is capable of being made or used in industry.”

For getting a Patent Registration, certain prescribed eligibility criteria as per the Law need to be fulfilled.


NOVELTY/PATENTABILITY SEARCH:


It is always advisable to conduct Novelty/Patentability Search before Patent filing in India or elsewhere in other jurisdiction to scope out the Novelty of the invention and for understanding whether it is worth for Patent filing or not.
From the definition of Patent, as prescribed under Indian Patents, Act 1970, it is clear that Patent will be granted for the Invention which qualifies as a new Product or Process with Inventive Step and capability for Industrial Application.
Further, the Indian Patents Act 1970, does provide a definition of Non-Patentable Subject Matter. Therefore, to get a granted Patent from Indian Patent Office, an Invention should have Novelty (New), Inventive Step (Non-Obviousness), Capable of Industrial Application and should not have Non-Patentable subject matter as prescribed under Indian Patents, Act 1970.

Patent Filing in Bangalore & Patent Filing in Bangalore- Grant a monopoly to the inventor for his/her Idea/Innovation/Invention for the specified period and get the answer related to can idea be patented in india.

For Patent filing in India or elsewhere in other jurisdiction, it is always advisable to have a fair idea about the below points:


    It is worth checking and following the country-specific patent process in order to avoid the rejection of a filed patent application from the Patent office & patent business idea in India.
  • To qualify for Novelty/Newness,

    an Invention or Technology should not be anticipated by the publication in any document or should not be used in the country or elsewhere in the world before the date of Patent filing. Meaning, the subject matter of the invention should not befallen in the public domain before Patent Filing.

  • To qualify for Inventive Step/Non-Obviousness,

    an Invention should have technical advance as compared to the existing knowledge or having economic significance or both and the invention should not be obvious to the person skilled in the art. Meaning, the invention should not be a mere workshop improvement. For example, if an invention is solving some problem and the person who has experience in the field has also come up with the same solution as provided by the invention. In that case, the invention will not be considered as Inventive.

  • In order to qualify for Capable for Industrial Application,

    an Invention should be capable enough of being made or used in industry. Meaning, the invention should not be an abstract idea.

  • In order to qualify for Patentable Subject Matter,

    an Invention should not befall in the category of Non-Patentable Subject Matter as prescribed under Indian Patents, Act 1970. Act clearly prescribed the following Non-Patentable Subject Matter:

    1. “an invention which is frivolous, or which claims anything obviously contrary to well established natural laws;
    2. an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
    3. the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;
    4. the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
    5. a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
    6. the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
    7. a method of agriculture or horticulture;
    8. any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
    9. plants and animals in whole or any part thereof other than micro- organisms but including seeds, varieties, and species and essentially biological processes for production or propagation of plants and animals;
    10. a mathematical or business method or a computer programme per se or algorithms;
    11. a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
    12. a mere scheme or rule or method of performing mental act or method of playing a game;
    13. a presentation of information;
    14. The topography of integrated circuits;
    15. an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of a traditionally known component or components;
    16. Inventions relating to atomic energy not patentable.”



PATENT FILING STRATEGY:


Patent Filing In Hyderabad & Patent Filing In Bangalore, Largest Service Provider Helping Indian Innovators to patent business idea in india and solve queries related to can idea be patented in India.

Patent filing is a strategic decision, it is paramount to understand that Patent gives territorial right. Meaning, if you do Patent filing in India, in that case, Applicant will get the rights in India only and not in another jurisdiction, where it is not filed. Therefore, it is always advisable to protect your invention in the jurisdiction where the business exists or planning to expand in the near future.


CONCLUSION:


Patent filing is a tedious task, it requires lots of understanding and skill set. It is important to know about the Patentable Subject Matter, whether the invention is qualifying the Novelty/Patentability criteria or not, jurisdiction for Patent filing, specified or related Law of the jurisdiction where the Patent will be filed and the strategy for Patent filing in accordance with the business. Therefore, it is always advisable to consult the competitive people who have expertise in this field for getting worth advice for Patent filing.


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Dr. Anand Biswas - IPexcel is a specialized Global Intellectual Property Advisory Organization that assists in Filing A Utility Patent.

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M.Sc. (Integrated) & Ph.D.
IIT-Kanpur


Dr. Anand Biswas - IPexcel is a specialized Global Intellectual Property Advisory Organization that assists in Filing A Utility Patent.

M.Sc. (Integrated) & Ph.D.
IIT-Kanpur

Anand is a Technology Analyst with over than 15+ years of experience in the Technology & Patent Domain. He holds Masters (Integrated) in Chemistry and Ph.D. in Materials Science both from Indian Institute of Technology (IIT), Kanpur, India. Over the years, he has gained immense hands-on experience in consulting Technologists & In-house R & D Teams of Fortune 50 organizations for developing, protecting and licensing innovative proprietary technologies. He has worked onsite/offsite extensively with global teams of attorneys, technologist and business leaders across many jurisdictions such as US, Europe, Canada, China, South Korea, Singapore, and Middle East.
Prior to joining IPexcel, he has worked for 8+ years, in a Fortune 50 organization - General Electric (GE), where he provided Inhouse R&D teams with Technology & Competitive insights to help them in various stages of technology development & commercialization. He has also worked as a Senior Portfolio Manager at King Abdullah University of Science & Technology (KAUST), Saudi Arabia, where he was responsible for working closely with Technologists in creating, protecting, maintaining and commercializing IP Portfolios of KAUST. He was also a Director in an International Technology Consulting Firm, where he was responsible for driving growth of the Organization in global markets. Anand has also published 17 research papers in journals & conferences of International repute on Technology & TRIZ.

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M.S. (Electronics) | Ex-GE |
Ex-Lockheed Martin | Ex-Northrop Grumman


Master’s Biotechnology, LL.B.
IIT-Kharagpur
Patent Attorney



Master’s Biotechnology, LL.B.
IIT-Kharagpur
Patent Attorney

He holds a Master’s degree in Biotechnology and LLB with specialization in Intellectual Property Laws. He is an IIT Kharagpur Alumni and has an overall experience of 7 years in Patent Laws. His expertise lies in Patent Drafting and Patent Prosecution for India & abroad. He has drafted more than 300 Patent Applications for India, US, Europe and PCT and has prosecuted more than 250 Office Actions for India, US, and Europe. Prior to joining IPexcel, he worked for Fox Mandal & Associates, the oldest law firm in India with International presence. Apart from Patent drafting & Prosecution, he represents IPexcel at Various National and International Forums.

B.Tech., M.S., Dip. IPR
Robert Gordon Univ. UK



B.Tech., M.S., Dip. IPR
Robert Gordon Univ. UK

He holds a Master’s degree from Robert Gordon University, Aberdeen, UK. He is a Mechanical Engineer with overall 5 years of experience in Intellectual Property and technology domain. Before joining IPexcel, he has worked with General Electric (GE), where he evaluated Technologies and implemented ideas around various technology domains. His expertise lies in developing Technology Portfolio Strategies through Extensive Technology Landscapes, Technology & Patent Assessments, Competitive Intelligent reports and Freedom to Practice and White Space & Gap Analysis for R&D Areas. One of his expertise worth mentioning includes Oil & Gas. He also works with the R&D and legal teams for developing risk mitigation strategies for various organizations. He also has experience in Patent drafting & Prosecution of US and Indian Patent applications. He has also published many International Papers in highly reputed international journals.

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