What is a patent?
A Patent is an exclusive monopoly granted by the Government to an inventor over his invention for a limited period of time.
Patent is a form of intellectual property.
Why are patents necessary?
The patents encourage further and continuous innovations that help to improve the quality of human life.
Why should one patent his invention?
Since a patent confers legal rights concerning the exploitation of an invention, it allows the owner the best opportunity
to profit from the invention by preventing others from copying it.
What are the criteria adopted for grant of a patent to an invention?
- Novelty: The invention must be new.
- Usefulness: The invention must have industrial applicability.
- Inventiveness: The invention must not be obvious to a person skilled in the art.
What is patentable?
- Process, method or manner of manufacture.
- Machines, apparatus or a product.
- Substances produced by manufacture and useful improvements thereof.
What is not patentable?
- Frivolous inventions or inventions contrary to natural laws.
- Inventions contrary to public order, morality or public health.
- Mere discoveries of scientific principles or abstract theories.
- Methods of agriculture or horticulture.
- Methods of medical treatment for humans or animals.
- Plants and animals in whole or part, except microorganisms.
- Mathematical methods, business methods, algorithms and computer programs per se.
- Literary, dramatic, musical and artistic works.
- Presentation of information.
- Traditional knowledge.
When should an application for a patent be filed?
A patent application should be filed at the earliest possible time once the invention is completed.
Can a published invention be patented?
No. Public disclosure before filing a patent application generally destroys novelty and patentability.
What is considered as the date of patent?
The filing date of the patent application, whether provisional or complete.
What is the term of a patent?
In India, the patent term is 20 years from the filing date or priority date, whichever is earlier.
How does a patent expire?
- Expiry of the patent term.
- Failure to pay renewal fees.
- Revocation after successful challenge.
What does a patent application contain?
- Bibliographic information.
- Background of the invention / prior art.
- Detailed description of the invention.
- Claims defining the scope of protection.
What is prior art?
Publicly disclosed inventions, publications, patents and information available before the filing date.
Can patents be transferred or sold?
Yes. Patents are personal property and may be transferred, sold, mortgaged, licensed or inherited.
Can the patents be licensed?
Yes. Patent holders may grant licenses to others under mutually agreed terms.
Is the Indian patent valid in a foreign country?
No. Indian patents are territorial rights and are valid only within India.
Is there an International / World Patent?
No. Patent protection must be sought separately in each country or region, although systems such as the PCT facilitate filing.
