When an individual comes up with an idea followed by an invention drawn from that idea, it is wise on his part to monopolize his right over the invention. In such a scenario one has to seek protection for his invention with the respective authorities. This write up briefly summaries the essentials of patent filing.
Any invention or technology which has not been anticipated by publication in any document or used in the country or anywhere in the world before the date of filing of patent application i.e., subject matter of the invention has not fallen in public domain or it does not form part of the state of art can be patented.
Section 6 of Indian Patents Act 1970 speaks of persons who are eligible to file Patent in India. Accordingly any person who is the true and first inventor of the invention or his assignee or legal representatives of any deceased who before his death was entitled to make such an application are eligible to file application for patents
Any person can apply for patent as soon as his idea is conceived and forms an invention. It is always safe to apply for protection at the earliest. A delay in filing the patent application, may cause an invention to lose its novelty; this is because India follows the first to file system.
A patent application has to be filed in one of the 4 patent offices (North Zone-Delhi, West Zone-Mumbai, South Zone- Chennai and East Zone- Kolkata) depending on one of the following:
- The place where the invention has originated or
- Where the applicant resides or
- Where the Address for Service (like patent agents address) is.
Any applicant can file directly in any one of the patent offices or he can file an application electronically.
An applicant can file a provisional specification followed by a complete specification within 12 months from the date of filing provisional specification. Or he can file a Complete specification directly. Documents required for filing are as follows.
- Form 1- Application for grant of patent
- Form 2- Provisional specification or Complete specification
- Form 3- Statement and Undertaking
- Form 5- Declaration as to Inventorship
- Form 26- Power of Attorney
- Form 28-To claim small entity status
Authored by Nisha Kurian
Patent Portfolio team head
Contributed with the support of Patents Portfolio division at BananaIP, India
For further information on Patent filing and filing strategies, write to [email protected]