Grant of Patent in Different Countries: A Comparative Analysis

A patent provides territorial rights to the inventor, which directs that there is no provision for a global patent. If the inventor wants to protect his invention in other countries, he must file a patent application in such regard.

An inventor who has filed an application in India and wants to get the patent in other countries as well can file a corresponding application for the same invention in conventional countries or under PCT. Such an application can be filed within or before the expiry of twelve months from the date of filing the application in India.

What are the eligibility criteria to get a Patent?

An invention can get a patent if it fulfills the below mentioned criteria's:

• It should be novel.
• Such inventions can be used for Industrial purposes.
• The invention must have an inventive step and must be non-obvious.
• The invention is not covered under sections 3 and 4 of the Patents Act 1970.

What can be Patented under the Patent Act?

The Act provides that:

• A product/process that is new, which involves an inventive step and which can be used for the industrial purpose can be patented.
• The inventions that come under non- patentable categories as provided in section 3 and section 4 cannot be patented

Grant of Patent: 

Different countries around the globe discharge patentapplications as per their specified laws and regulations. An overview of the time taken to grant the patent in different nations as stated below.

INDIA:

Generally, the process of granting the patentapplication through the normal route takes more than 3 years. Whereas, if the application is moved through the Faster route, it takes around 1 to 1.5 years for the grant of patent.

The term of the patent granted in India is 20 years from the date of filing the application.

EUROPE:

The patent grant procedure in a European nation takes about three to five years from the date of filing of the application. The process is fulfilled in two stages. In the first stage, the formalities examination takes place along with, preparation of the search report and the preliminary opinion on whether the claimed invention and the application meet the requirements of the EPC. In the second stage process of substantive examination is held.

USA:

As per the United States Patent and Trademark Office (USPTO), the patent is granted within 22 months after filing the patent application. Where the applicant is eligible for a prioritized examination, then such an application can get approval within 6 to 12 months.

A patent is of great importance for an inventor in order to protect his innovative idea from getting stolen or getting misused by anyone else. Granting a patent involves an elaborate procedure of examining and inspecting the application and related documents. Thus, it requires a long duration to complete the entire process. An inventor must file an application for obtaining a patent after contemplating all the information in regards to the requirement of documents and procedure involved to avoid abandonment of his application.