A patent in
an exclusive right granted by a country to the owner of an invention to make,
use, manufacture and market the invention, provided the invention satisfies
certain conditions stipulated in the law. Exclusivity of right implies that no
one else can make, use, manufacture or market the invention without the consent
of the patent holder. This right is available only for a limited period of
time. However, the use or exploitation of a patent may be affected by other
laws of the country which has awarded the patent. A patentee must disclose the
invention in a patent document for anyone to practice it after the expiry of
the patent or practice it with the consent of the patent holder during the life
of the patent.
INVENTIONS
PATENTABLE
-Art, Process, Method
or Manner of manufacture;
-Machine, Apparatus or
other Articles;
-Substances produced by
Manufacturing
-Computer Software
which has Technical application to Industry or is used with Hardware
-Product Patent for
Food / Chemical / Medicines or Drugs.
INVENTIONS
NOT PATENTABLE
-Frivolous or obvious
inventions.
-Inventions which could
be contrary to law or morality or injurious to human, animal or plant life and
health or to the environment.
-Mere discovery of the
scientific principle or the formulation of an abstract theory or discovery of
any living thing or non-living substances occurring in nature
-Mere discovery of any
new property or mere new use for known substance or the mere use of a known
process, machine or apparatus- unless results to new products or employs one
new reactant.
-Producing a new
substance by mere admixtures of substances.
-Mere arrangement/rearrangement or duplication of known devices functioning independently.
-Method of agriculture
and horticulture
-Any process for the
medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other
treatment of human beings, animals to render them free of disease or to
increase their economic value or that of their products.
T-he biological
processes for production or propagation of plants and animals in whole or any
part thereof other than micro-organisms but including seeds, varieties and
species (new plant varieties can be protected by the protection of plant
varieties and farmers act 2001).
-A mathematical or
business method or algorithms.
-A Computer Programme
per se other than its technical application to industry or a combination with
hardware.
-Aesthetic creation
including cinematography and television production.
-Method for performing
mental act or playing game.
-Presentation of
information.
-Topography of
Integrated Circuits.
-Invention which in
effect, is traditional knowledge or which is an aggregation or duplication of
known properties of traditionally known components.
-Inventions relating to
Atomic Energy.
REQUIREMENTS
FOR FILING THE PATENT IN INDIA
-Full name, address
& nationality of applicant (s) and inventor (s).
-Specification, provisional
/ complete drawings , claims and abstract.
-List of countries to
claim priority , if any, where the application / applications for the grant of
patent has / have been filed , along with date and application number.
PROCEDURE
FOR THE GRANT OF PATENT
-After filing Patent
Application in India, a Request for Examination is filed with the Patent Office
-Thereafter the
application is examined by patent office and objections, if any, are raised
thereto.
-After removal of all
the objections, the Patent is granted and is advertised for Opposition
Purposes.
-The Patent is Open for
third party opposition(s), if any, for a period of ONE YEAR from the date of
advertisement.
RENEWAL
The patent is renewed
every year from the date of patent.
Disclaimer:
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owner will not be liable for any losses, injuries or damages from the display
or use of this information. The owner of this blog is an intern at Legistify.
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Source: Quora
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