This article has been written by Ms. Radha Patil, a 1^st year student of Maharashtra National Law University Nagpur.

An Intangible property can be protected through the use of patents. It is a specific right granted for innovation, which is defined as something or a process that, in general, gives a novel approach to a task or a fresh technical answer to a dilemma. The application must include all relevant technical details on the invention in order to be granted a patent. In India, the Patents Act, 1970, became the primary statute governing the system in 1972. The 1911 Indian Patents and Designs Act was replaced by this one. The Patents (Amendment) Act, passed in 2005, revised the Act by extending the application of product patents to all technological disciplines, including those involving food, pharmaceuticals, chemicals, and microorganisms.

The person who is eligible for applying the Patents is subjected to the restrictions in section 134 in Patents act, 1970. Those who assert to be the invention’s actual and original inventors, a person who has been assigned the right to submit the application by the person who is claiming the first invention, legal representative of any died person who at the time of his/her death had the right to submit the application.

Every patent application must be made in the authorised format and submitted to the patent office on behalf of a single invention. Every patent application lodged internationally under the Patent Cooperation Treaty that designated may be deemed to be a comparable application, if one has also been submitted to the Controller in India, must be identical. The application must state that the applicant believes that the person designated as the inventor is the true and authentic inventor, even if they are not the ones making the claim. A tentative or full specification must be submitted with each of these applications (if it is a conventional application or an application under the patent corporation treaty naming India).

Examination of the report by the controller of the examination. The Controller must get in touch with the applicant as soon as possible before moving forward with the disposition of the application in accordance with the regulations that will follow if the examiner’s report on a patent application is unfavourable to the applicant or needs any amendments to the application, the requirements, or other documents to guarantee compliance with the rules made under this Act. In some cases, the Controller will reject applications or request that they be changed. The Controller helps determine that the application or any other document filed in compliance with the applicable therewith does not fulfil the requirements of this Act or of any rules made thereunder, the Controller can refuse the application or can demand that the specification, or any other documents, as the case may be, be modified to his satisfaction before he continues with the application and reject the application on failure to do so. A person who has submitted a patent application in accordance with this Act may, whenever before the patent is awarded, if he so wishes, or to address the Controller’s objection that the claims in the entire specification refer to more than one invention, a new application should be filed for each invention that is described in the provisional or complete specification that was previously filed in connection with the first application in question. The complete specification required by subsection (1) shall be submitted in support of the further application, but shall not include any material that was not expressly revealed in the complete specification submitted in support of the initial application. To make sure that neither of the aforementioned making is critical contains a claim for any claimed in the other, the Controller may ask for amendments to the whole specification supplied in compliance either the original or the additional application. 

If the Controller concludes as a result of a claim made at any time prior to the issuance of a patent in the way prescribed. The Controller may, subject to the restrictions, grant the claim if it can be shown that, if the patent were to be issued at that time, the claimant would be entitled to the patent, the applicant’s interest in it, or an undivided share of it, by virtue of any assignment or written agreement made by the applicant or by operation of law. An application for a patent will be deemed abandoned if the applicant does not comply with all obligations imposed on him by or pursuant to this Act, whether they relate to the prescribed form or anything else regarding the application, within the time frame that may be required, commencing on the day that the application’s complete specification, beginning statement of objections, or other relevant documents are sent to the applicant. 

Steps for application of the Patent –

1. Invention disclosure

Disclosing your creation to a professional is the initial step. A non-disclosure agreement is signed to do this.

2. Patentability search

At this point, your specialist conducts in-depth research into all potential databases in quest of prior proof. Additionally, he or she creates a patentability search report using your idea as the basis.

3. Patent drafting 

Either you or a professional can draught the application; the choice is yours. You would have to spend anywhere from INR 20,000 to INR 30,000 if you decide to seek assistance. One of the most important milestones in the process is this one. Both technical and legal knowledge are necessary. All of your efforts will be for naught if they are not properly drafted. Hence, seeking professional assistance in this case is a good choice.

4. File an application for patent 

You are prepared to submit a patent application whenever you have completed reviewing your patent draught and are happy with its breadth and specifics.

The patent application may be submitted using the required forms and fees in the way specified. The patent application will be published after 18 months if a request for early publication is not submitted.

5. Request for examination 

Within 48 hours, the applicant must ask the Indian Patent Office to review their patent application. Costs for an inspection request range from INR 4,000 to INR 20,000. (Depending on the applicant’s type).

6. Responding to objections

At this stage, the draught and report that were provided to the patent office officers are carefully reviewed. At this stage, the inventor has the opportunity to distinguish his creation from any other artwork discovered during the evaluation by demonstrating its novelty or inventive step. The patent application is almost ready to be implemented if everything has been properly clarified and resolved.

7. Patent Grant 

If the application complies with all the specifications, it is added to the grant queue. The final application grant is often announced in a published journal.

8. Your Patent Renewal

Typically, a patent is valid for 20 years. The owner must renew the patent once 20 years have passed by paying a nominal charge.

It may take three to five years to file a patent. However, the patent regime has been updated, making it more affordable, quick, and accessible. When it comes to the initial investment in the development of new technology, patents can be quite valuable and improve returns for both individuals and businesses. When deciding how, where, and when to patent a product, one should use a smart strategy that balances commercial objectives with the ability to use the invention. For instance, a business may be able to save a lot of money and strengthen the rights acquired through patents by focusing on global issues and local rules in particular nations.

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