Patent is one kind of intellectual property. It is an exclusive right granted to inventor by the government for a period of 20 years.

• Novelty
• Non Obviousness
• Industrial applicability

• An invention which claims anything clearly opposing to well traditional natural laws;
• An invention the primary or proposed use or commercial use of which could be opposing to public or principles or which causes grave discrimination to human, animal or plant life or health or to the environment;
• The mere discovery of scientific law or the formulation of an conceptual assumption or discovery of any living thing or non-living matter in the region of in nature;
• The mere discovery of a new form of a known substance which does not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regards to efficacy.
• A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
• The mere arrangement or re-arrangement or duplication of known devices each working independently of one another in a known way.
• The mere arrangement or re-arrangement or duplication of known devices each working independently of one another in a known way.
• Any process for medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
• Plants and animals in entire or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
• A mathematical or business method or a computer program per se or algorithms;
• A mathematical or business method or a computer program per se or algorithms;
• A method of playing game;
• A presentation of information and topography of integrated circuits
• Traditional knowledge and inventions relating to atomic energy.

A patent application can be filed by

• Natural person
• True and first inventor or Inventor’s assignee
• Either alone or jointly with legal representative of any deceased person
• Start up
• Small or Large entity

The patent application can be filled in any one of the Indian patent office along with Provisional or Complete specification, fess and forms. In case of provisional application is filled, applicant should be fill complete specification within 12 months from the date of filing of provisional application.

There are two way to apply for patent.

• Online mode or E-filing
• Physical mode

In India there are four patent office located at

• Kolkata
• New Delhi
• Mumbai
• Chennai

Applicant can file a patent application at the applicant’s regional patent office.

It is an application that can be filed, if the invention is still under trialing stage. The advantage of the provisional application is getting a priority date of the invention. It contains

• Title and/or Field of the invention
• Background of invention
• Brief description of figures (if any)
• Description of invention

It is a techno legal document, it contains

• Title of the invention
• Field of the invention
• Background of the invention
• Objects of the invention
• Summary of the invention
• Brief description of figures
• Detailed description of the invention
• Claims
• Abstract

• Ordinary Application
• Convention Application
• PCT International Application
• PCT national phase application
• Divisional Application
• Patent of Addition

It is an application claiming a priority date depends on the same or considerably similar application filed in one or more of the convention countries.

It is an application filed in India as Receiving Office under PCT is an international application it can be filed in more than 150 countries by a single application

It is an application filled by applicant in India within 31 months from the international filing date or the priority date, whichever is earlier.

When a single patent application contains more than a one invention, it is divided in to two or more applications under the knowledge of controller or patent agent/attorney. This kind of application is known as divisional application.

The following forms are required while applying for a patent

• Form 1 – Application for Grant of Patent
• Form 2 – Provisional or Non Provisional Application
• Form 3 – Undertaking foreign Application (If any)
• Form 5 – Declaration to inventor ship
• Form 9 – Request for Publication (optional)
• Form 18 – Request for Examination
• Form 18A – Request for Expedited examination (For Startup)
• Form 26 – Authorization of a Patent Agent/Attorney

Patent application is published within 18 months from the date of its filing or priority date whichever is prior. However applicant wants to publish his/her patent application before 18 months from the date of its filing, applicant can submit form 9 along with prescribed fee.

The life of every patent is 20 years from the date of filing.

Patent of Addition is known as improvements or modification of the main invention. There is no separate fee for patent of addition. The expiry date of the patent of addition is same as the expiry date of the main invention

No. The examination is completed only subsequent to receipt of the request of examination. Applicant or assignee or patent agent/attorney should submit Form 18. Form 18A is expedited examination for startup.

No. Patents are territorial in nature and there is no worldwide patent.