Patent Registration

A patent is an exclusive right granted for an invention that is new, involves an inventive step, and is capable of industrial application. It protects the technical solution to a problem and gives the patentee the right to exclude others from making, using, selling, or importing the invention for a limited period.

India grants patents for products (apparatus, substances, methods) and processes. There are no separate utility model or design patents in India. However, designs are protected under the Designs Act, and semiconductor integrated circuits are protected under the SICLD Act.

Patent protection lasts for 20 years from the date of filing the patent application. The term cannot be extended except for certain pharmaceutical patents where pediatric exclusivity may apply. Maintenance fees must be paid annually to keep the patent in force.

The process involves filing a patent application with the Indian Patent Office, publication after 18 months, request for examination within 48 months, examination by the Patent Office, response to examination report (FER), hearing if required, and grant or refusal of the patent.

An invention must be novel (not anticipated by prior art), involve an inventive step (not obvious to a person skilled in the art), and be capable of industrial application (useful). It must not fall within excluded categories like abstract ideas, mathematical methods, or methods of agriculture.

A provisional application establishes an early priority date with a brief description of the invention. It must be followed by a complete application within 12 months with full claims and specifications. Provisional applications are useful when the invention is still being developed.

A patent confers the exclusive right to prevent others from making, using, offering for sale, selling, or importing the patented invention without permission. The patentee can license the patent, assign it, or sue for infringement to obtain injunctions and damages.

Patent infringement occurs when someone makes, uses, sells, or imports the patented invention without the patentee's permission during the term of the patent. Infringement can be direct (literal infringement) or indirect (contributory infringement or inducement).

Pure software or algorithms per se are not patentable in India as they fall under excluded subject matter. However, software that has a technical application, produces a tangible effect, or is embedded in hardware may be patentable if it meets other patentability criteria.

Patent agents are registered professionals who can draft patent applications, file and prosecute patents before the Patent Office, and advise on patent strategy. They must have technical qualifications and pass the Patent Agent Examination. Only patent agents and attorneys can represent applicants before the Patent Office.