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.
Which Act governs the patent system in India?
The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in consonance with the changing environment, most recent being in 2016.
Does Indian Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
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 step 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
Does the Patent Office keep information of the invention secret?
Yes. All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed
What are the contents of the Patent office Journal? The Patent office Journal contains information relating to patent applications which are published u/s 11A, post grant publication, restoration of patent, notifications, list of non- working patents and public notices issued by the Patent Office.
When can an applicant withdraw patent application in India?
In India, a patent application can be withdrawn in the following ways:
· a request for the withdrawal of the application can be filed within 15 months of the date of filing or date of priority, whichever is earlier and accordingly the application will not be published and be treated as ―withdrawn.
· An applicant can withdraw the application before the issuance of the First Examination Report. However, on withdrawal of the application, applicant can claim a refund of up to 90% of examination fees.