2. WHAT IS AN INVENTION – SECTION 2(1)(j)
new product
Process involving inventive step
Capable of industrial application
WHAT IS INVENTIVE STEP ? SECTION 2(1)(ja)
(ja) "inventive step" means a feature of an invention that involves technical
advance as compared to the existing knowledge or having economic significance
or both and that makes the invention not obvious to a person skilled in the art;
3. WHAT IS NEW INVENTION ? - SEC. 2 (1)(l)
(l) "new invention" means any invention or technology
which has not been anticipated by publication in any
document or used in the country or elsewhere in the world
before the date of filing of patent application with complete
specification, i.e., the subject matter has not fallen in public
domain or that it does not form part of the state of the art;
5. APPLICATION FOR PATENTS
Who can apply ? – following persons (person includes government), namely:
True and first inventor
Assignee
Legal representative
Inventor does not include first importer
Indian applications/ international applications
JURISDICTION
Kolkatta
Delhi
Mumbai
Chennai
6. WHAT IS THE FORM ?
Application as per Form 1 – Proof of Right
Specification as per Form 2
Accompanied by fees as given in schedule I of the The Patents rules , 2003
Statement of undertaking under Form 3 w.r.t similar application filled elsewhere
Declaration as to inventorship as per Form 5
Priority document required in cases of convention application or pct national
phase applications
7. CONTENTS OF FORM 2
The first page of Form - 2 shall contain:
a) Title of the invention
b) Name, address and nationality of each of the applicants for patent; and
c) Preamble to the description:
i) If the provisional specification is filed, the Preamble shall be as under:“ The following Specification
describes the invention”.
ii) If the complete specification is filed, the Preamble shall be as under: “ The following specification
particularly describes the invention and the manner in which it is to be performed.”
Title of the invention shall disclose the specific features of the invention normally in not more than fifteen
words.
The applicant shall submit drawings, wherever required. Further, the Controller may also require the
applicant to submit drawings, if necessary at the examination stage. Such drawings shall form a part of the
Specification and suitable references thereto shall be made in the Specification.The Controller may require
the applicant to submit, any time before the grant, models or samples related to the invention for better
illustration of the invention. However, such models or samples shall not form part of the Specification.
8. INDIAN APPLICATION
Ordinary application
Convention application
PCT antional phase application
Divisional application
Patent of addition
PROVISIONAL SPECIFICATION AND COMPLETE
SPECIFICATIONS
Provisional Specification can be filed along with the application.
Complete specification can be filed within 12 months
10. CONTENTS OF COMPLETE SPECIFICATION
Contents of Complete Specification Every complete specification shall:
a) fully and particularly describe the invention and its operation or use and the method by which it is performed;
b) disclose the best method of performing the invention which is known to the applicant for which he is entitled to
claim protection;
c) end with a claim or set of claims defining the scope of the invention for which the protection is claimed;
d) make reference to deposit of the biological material in the international depository authority, if applicable;
e) disclose the source and geographical origin of biological material specified in the Specification;
f) be accompanied by an abstract; and
g) not include irrelevant or other matter, not necessary for elucidation of the invention, from the title, description,
claims and drawings.
h) in case of a specification for Divisional Application, shall contain specific reference to the number of original
application from which the divisional application is made.
i) in case of a specification for Patent of Addition, shall contain as pecific reference to the number of main patent or
application
Section 10(4) 38 for patent, as the case may be, and a definite statement that invention comprises an improvement
in or a modification of the invention claimed in the specification of the main patent granted or applied for
11. E FILING OF PATENT APPLICATIONS
E filing of patent applications with Web based forms and facility to update and
upgrade digital signature
Link : https://ipindia.gov.in/efiling
Biological material patents require permission from national Bio diversity authority
