What is Patent Registration?

Patent Registration is a process through which an inventor secures his right in his invention, to prevent somebody else from copying or stealing his innovative idea. The Patents Act, 1970 along with the Patents Rules, 2003 (as amended from time to time) provides the rules and regulations for obtaining patent registration.

Once the invention obtains the patent certificate, it cannot be used by anyone else without the patentee's consent. The inventions can be patented after they fulfill the conditions as provided by the Act. This article provides information about the provisions in regards to patent registration.

What are the Inventions that can be Patented?

In order to obtain the patent, an invention must be:

  • The invention must possess certain new characteristics not previously known.
  • It will entail an inventive step.
  • The invention must be capable of being used for an industrial purpose.
  • Interventions must not be covered under the non-patentable list (as per the Act).
  • The application must provide details of the invention in a clear and precise manner.

What cannot be Patented as per the Patents Act, 1970?

Chapter II of the Act provides that the following cannot obtain Patent:

  • Inventions related to atomic energy as per the atomic energy act,
  • which are opposing the natural laws,
  • That can bring loss to human/ animal/ plant life or environment as a whole,
  • Agriculture/horticulture methods,
  • Laying designs of integrated circuits,
  • Replication of traditional knowledge,
  • The procedure of performing a mental act,
  • Mathematical/Computer Programme/ Business Method,
  • A work of art/ literary/drama/musical,
  • Biological procedures for the production/propagation of plants, animals,
  • The process involves the treatment of human beings/ animals,
  • A substance or process of producing a substance, which is obtained by blending the components,
  • Scientific principles or theories denoting the discovery of any living/non-living thing in nature,
  • Uncovering a new form/use/property of a known substance not providing improvement of such a known substance,
  • Arrangement/re-arrangement/duplication of familiar devices.

What are the steps involved in obtaining a Patent Certificate?

  • The applicant (inventor) needs to file an application for obtaining a patent Certificate, providing a detailed description of his invention.
  • The Patent Application gets published in the Official Gazette after the expiry of eighteen months from, (a) the date of filing of the application or (b) the date of priority, whichever is earlier.
  • Afterward, the applicant needs to file a Request for Examination. The Controller initiates the examination of the Patent Application only after receiving the request for such examination.
  • The Controller might issue objection(s) in the Examination Report or grant the certificate. The applicant must submit the reply to the objections within the stipulated time. 
  • After fulfilling all the conditions, the Patent is granted by the Controller. The Patent Office India publishes in the Official Gazette and issues the Patent Registration Certificate to the Applicant.

The patent certificate is not for life, it remains valid for 20 years only from the date of patent application (either provisional or complete specification). It comes under the public domain after the patent expires i.e. 20 years.

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