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Faq’s Patent

  • An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;

  • An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;

  • The mere discovery of a scientific principle or the formulation of an abstract theory;

  • The mere discovery of any new property of 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;

  • 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

  • The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way

  • A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture

  • A method of agriculture or horticulture;

  • Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products

  • 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;

  • A computer programmer per se other than its technical application to industry or a combination with hardware;

  • A mathematical method or a business method or algorithms

  • A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works or television productions;

  • A mere scheme or rule or method of performing mental act or method of playing game;

  • A presentation of information;

  • Topography of integrated circuits;

  • An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components

Further, Section 4 of Patents Act provides that No patent shall be granted in respect of an invention relating to atomic energy

What inventions are considered patentable?

Inventions which are Novel, inventive and have industrial applicability are considered patentable.

What are the languages for filing a patent application?

An application for patent can be filed in English or Hindi. However, for the sake of convenience it is advisable to file the application in English. No other language is accepted by patent office except English or Hindi.

What is specification?

Specification is the detailed application clearly outlining the present invention, its comparison with the prior art, the novel and inventive features of present invention and the claims. Specification is a techno-legal document which covers the complete invention along with the protection sought (claims) by the inventor. It can also have drawings relating to the invention. Though submission of drawings in not compulsory, it is advisable to give drawings wherever possible

What is provisional specification? How different it is from complete specification?

A provisional specification is an abstract or in lay man’s language one can say that it is just an outline about the invention to claim and prior filing date. Once provisional specification is filed, the applicant can file complete specification within 12 months time. In case the applicant fails to do so, the application for patent shall be deemed to be abandoned.

Is it possible to amend the specification filed?

Yes, a patent specification can be amended. However, the amendments should not go beyond the scope of the invention disclosed in the specification.

Can an inventor file application for patent if different countries?

Yes, an inventor or his assignee can file an application for grant of patent in different countries. The applicant can either opt for convention route or PCT route to reach different jurisdictions for the patent.

Is there a single patent, enforceable in all the countries?

No, there is nothing called global patent. The applicant has to approach the respective patent office to get a patent granted in his name for the invention.

What is the duration of a patent in India?

A patent is valid for 20 years from the date of filing of the application for patent. Once the patent is granted, the owner of the patent is required to pay annuity to keep the patent in force.

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  Important Links
Indian Patent Office
High Court of Delhi
Supreme Court of India
Geographical Indication Registry
Ministry of Commerce
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