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What is a Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

What can be patented?

An invention relating either to a product or process that is new, involving inventive steps and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

What are the criteria of patentability?

An invention is patentable subject matter if it meets the following criteria –

i) It should be novel.

ii) It should have inventive steps or it must be non-obvious.

iii) It should be capable of Industrial application.

iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

What is an Ordinary Application?

An application for patent filed in the Patent Office without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office. Such a type of application is known as an ordinary or Permanent application.

Life Cycle of a Patent Application

1

Filing of a
Patent Application

2

Filing request for
examination

3

Examination / Prosecution
of Application

4

First Examination
report

5

Objections to
be met

Grant

Annuities
to be paid

Hearing

Grant

Annuities
to be paid

Rejection

Order to be
Challenged at the High Court

Order to be
Challenged at
the High Court

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