Patent Registration

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Patent Registration

A patent is an exclusive statutory right granted by the state for an invention that is new, involves an inventive step and is capable of industrial application. According to Section 2(1)(m) of the Indian Patent Act, 1970 defines patent as: “patent” means a patent for any invention granted under this Act and Section 2(1)(j) of the Indian Patent Act, 1970 defines invention as: “invention” means a new product or process involving an inventive step and capable of industrial application.

A Patent owner is given an exclusive right to prevent others from making, using, selling, offering for sale or importing a process or product(s) in respect of which the patent has been granted. The vast market and the surging technological prowess have made India critical country for patent protection. Keeping pace with the economic buoyancy and the stipulations of WTO and TRIPS, the Indian Patents Act has been amended. The new rules have redefined inventions, deferred examinations of applications, and terms of a patent and mandatory filing in India.

A Patent Must Be

Non-Patentable Inventions

According to Section 3 of the Indian Patent Act, 1970, the following Inventions are not patentable:

(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

(b) an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;

(c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;

(d) the mere discovery of a new form of a known substance which does not result in the 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 regard to efficacy;

(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

(g) [***]

(h) a method of agriculture or horticulture;

(i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic 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;

(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

(k) a mathematical or business method or a computer programme per se or algorithms;

(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

(m) a mere scheme or rule or method of performing mental act or method of playing game;

(n) a presentation of information;

(o) topography of integrated circuits;

(p) an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

According to Section 4 of the Indian Patent Act, 1970, the Inventions relating to Atomic Energy Not Patentable. No Patent shall be granted in respect of an invention relating to Atomic Energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).

Requirements

The Full Name, Address and Nationality of the Applicant(s).
The Full Name, Address and Nationality of the Inventor(s).
Is the Company registered under MSME or Start-Up?
In case of University/ Institute, provide Proof of Educational Institute.
Details of Invention in Brief with Outcomings
In case of Divisional Application, provide the Original First Application details.
In case of Patent of Addition Application, provide the Original First Application details.
In case of Patent Co-Operation Treaty (PCT) National Phase Application, provide the PCT Application details.
We shall provide you with the duly filled authorization form after receiving the details or you may copy the same from the attached authorization form.

Services by Dey & Kumhar Co.

Patent Watch Services
Patent Search & Analysis
Patent Filing
Patent Prosecution
Patent Registration
Patent Renewal
Attending Show Cause Hearing
Patent Assignment
Patent Pre-Grant Opposition
Patent Post-Grant Opposition
Attending Opposition Hearing
Patent Litigation Management
Patent Cease-And-Desist Notice

For more information, please contact to us on info@deyandkumhar.com

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