Patent is a statutory right granted by the respective governments. It gives one the exclusive rights and bars others from making, using, selling and importing product or process, based on the patented invention without one’s prior permission.

For an invention to be patentable, the criteria of patentability are as follows:

1. It should be novel: invention should not have been published or used anywhere in the world before the date of filing the patent application in the patent office.
2. Must involve an inventive step: a feature of invention should involve a technical advancement as compared to existing knowledge or having economic significance or both
3. Capable of industrial application: invention is capable of being made or used in an industry
4. It should not fall under the categories of inventions that are excluded from patentability under the concerned jurisdiction

The first step starts with a prior art search which means a thorough search of various patent databases, technical literature and can even include a market survey. This is for determining if the invention is novel and non-obvious on the date of filing the application. If it is not so, then a patent cannot be granted for such an invention.

Once the application has been drafted, one needs to file the patent application with the Indian Patent Office in the prescribed format and submit it along with the requisite fees. One can also file their patent application online. For more information log on to www.ipindia.nic.in

Provisional specification is filed if one is not yet ready with the full invention but want to have an early filing date.

Once the patentability of the invention is established after a thorough prior art search, a patent application should be drafted. This document is known as the complete specification.

It must comprise:

1. Title of the invention indicating its technical field
2. Abstract
3. Prior art and drawbacks in the prior art (if any)
4. Solution provided by the inventor to obviate the drawbacks of the prior art
5. A concise but sufficient description of the invention and its usefulness
6. Details of the best method of its(invention’s) working
7. Claims

No, a complete specification must be filed within 12 months of filing the provisional specification. Remember the Patent Office will not examine the provisional specification for grant of patents.

Following are the steps in the registration process:

1. File a patent application in the IPO
2. Patent application is published after 18 months or one has to request for early publication
3. File a request for examination along with requisite fees within 48 months from date of filing-without the request the application will not be examined (Form 18)
4. First Examination Report (FER) is issued if Patent office is not satisfied
5. 12 months time to respond to the FER
6. Pre-grant opposition can be filed by any person after the date of publication of application but before the grant of patent
7. If requirements are satisfied, patent will be granted and notified in the Patent Office Journal

It takes around 3 to 5 years to get a patent.

The term of every patent in India is 20 years from the date of filing. However, in case of applications filed under the Patent Cooperative Treaty (PCT), the term of twenty years begins from the priority date.

PCT stands for Patent Cooperation Treaty. It is an international treaty for claiming one’s domestic priority in member countries of PCT. Through PCT one can file applications in countries of interest within 30 months of the priority date. Under the PCT system, a patent search report is provided and on demand a preliminary examination of application is also done. This additional information helps in delaying the investment by 30 months.