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.
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
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.
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.
“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.
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.
For Patent filing in India or elsewhere in other jurisdiction, it is always advisable to have a fair idea about the below points:
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.
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.
an Invention should be capable enough of being made or used in industry. Meaning, the invention should not be an abstract idea.
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:
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.
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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