Question 1

Who can file for a patent in India?

Accepted Answer

An application for a patent may be filed in India by any of the following persons 1- True and first inventor of the invention; 2- Assignee of the true and first inventor, which in most cases is the employer of the person; or 3- Legal representative of any deceased person who immediately before his death was entitled to make such an application. A patent application by any person from another country may be filed if the country is a member of the Paris Convention or is among the list of convention countries under the Indian Patent Act.

Question 2

Where can I register a patent in India?

Accepted Answer

A patent application in India can be filed at any of the four branches of the patent office located in New Delhi, Kolkata, Mumbai and Chennai. The appropriate office for an applicant to file a patent application would depend on: 1- Where the applicant resides or has his domicile or has a place of business or 2- The place from where the invention actually originated. In case of an International applicant not having a domicile or residence in India, a patent application must be filed through a patent agent. The appropriate patent office in such a case would depend on the address of service provided by the applicant.

Question 3

Who can help me file a patent in India?

Accepted Answer

Any person who is a Patent Agent registered with the Indian Patent Office can help an individual or an organization in filing a patent application. As per the Indian patent act, only a patent agent registered with the Indian Patent Office is entitled to practice before the Controller, prepare all documents, transact all business and discharge any function as may be required in connection with any proceeding before the Controller which starts from the filing of the patent application and may end with the expiry of the patent.

Question 4

Do I need to file a patent through a patent agent in India?

Accepted Answer

You do not have to file a patent application through a patent agent. A patent application may be filed by the inventor or applicant directly. However, it is advisable to go through a patent agent, who is well advised about the procedures and has experience with prosecuting patent applications.

Question 5

What is the role of a patent agent in the patent process?

Accepted Answer

An Indian patent agent is a person who has a good understanding of the Indian Patent Act and Rules. His knowledge can help in determining the potential of a patent grant for an invention. Additionally, an Indian Patent Agent has the necessary qualification to represent your invention before the Indian Patent Office. A patent agent can draft a patent specification for your invention in conformance with the Indian Patent Act and can also file a patent application for your invention. Post filing, he can also prosecute the patent application by responding to examination reports issued by the patent office and attend hearings in the patent office, if required. Furthermore, he will address various statutory requirement set forth by the Indian Patent Office.

Question 6

What is patent drafting?

Accepted Answer

Patent drafting is a process of preparing a document that can be filed in a patent office. The document is a techno-legal description of the invention. The description in the document will be in compliance with the patent law of a particular country in which it is filed. The depth of the description in the document will be such that a person, who has sufficient knowledge in the field to which the invention relates, will be able to practice the invention without undue experimentation.

Question 7

Why do you need an expert for patent drafting?

Accepted Answer

A patent expert is needed for patent drafting because efficient patent drafting requires in depth understanding of both technical domain and legal principles. Generally an inventor may be well versed with the technology but may not understand the legal principles very well. It is advisable to take help of patent agents who specialize in that area of technology to which the invention belongs.