Understanding patents can be a complex topic, this article will break down patent definition and meaning into more manageable concepts for you.
What is Patent?
A patent provides a legal protection by the government to applicant/inventors for their new and useful inventions. In simple terms, applicant/inventor obtains exclusive rights to make, use, and sell their invention for a certain period, usually 20 years from the date of filing the patent application.
Type of Patents
There are different types of patents, including utility patents and design patents.
- Utility Patent: Utility patents cover new and useful processes, machines, articles of manufacture, or compositions of matter.
- Design Patent: Design patents cover new, original, and ornamental designs for an article of manufacture. In India, Design Patent are similar to Industrial Design Registration.
Which Act governs the patent system in India?
The Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003 is the governing act India patent system.
Understanding Patent application procedure in India?
Patent application procedure with Indian Patent Office comprises submitting a provisional specification or a complete specification along with prescribed fees. After submitting a provisional specification first, one has to file complete specification within 12 months from the date of filing of the provisional application.
Types of Patent Application in India
Ordinary Application: An ordinary application for patent is one that does not claim priority to any other earlier application under process in any other office.
Convention Application: A convention application for patent is one that claims a priority date based on the same or substantially similar application filed in one or more of the convention countries.
To get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.
PCT International Application: An Application filed in India as Receiving Office (RO) under Patent Cooperation Treaty is known as PCT International Application.
PCT National Phase Application: When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the
priority date, whichever is earlier.
Patent of Addition: An applicant can go for patent of addition claiming any modification in their earlier invention for which they have already applied for or has obtained patent.
Divisional Patent: A Divisional patent application is one that claims more than one invention, and the applicant on his own or to meet the official objection on the ground of plurality or distinct invention may divide the application and file two or more applications, as the case may be for each of the inventions.
Indian Patent Applications and Grants: 2014–2023
Indian Patent Register Status: 2014–2023
