This post was first published on 17th July, 2014.
When an individual is struck with an idea and an invention follows, it is advisable for them to gain monopoly over the invention’s marketing rights via patent protection through relevant authorities. This write up briefly summaries the essentials of patent filing and protection.
What is an Invention?
An invention is a technological advancement that is not anticipated by publication in any document or used anywhere in the world including the country of the invention, before the date of filing of the patent application i.e., the subject matter of the invention should not have fallen in the public domain nor should it form a part of the state of the art.
Who can apply for Patents?
Section 6 of the 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, is eligible to file applications for patents.
When can one apply for a Patent?
Any person can apply for a patent as soon as his idea is conceived and is transformed into an invention. It is always safe to apply for protection at the earliest. Delay in application may make the invention lose novelty, because India follows the ‘first to file’ system.
Where can one apply for a Patent?
A patent application has to be filed in any 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:
- Where the invention originated
- Where the applicant resides
- Where the address for service is
How can one apply for a Patent?
Any applicant can file an application physically in any one of the patent offices or file electronically. An applicant can file a provisional specification followed by a complete specification within 12 months from the date of filing of the 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