|
Our patent practice has been responsible for the protection of some of the most successful inventions made in India and can advise on all aspects of patent work including the filing and prosecution of patent applications, patent litigation and licensing.
# WHAT INVENTIONS ARE PATENTABLE AND NOT PATENTABLE.
No patent will be granted in respect of an invention relating to atomic energy falling under the Atomic Energy Act, 1962. Invention, in respect of which only methods or process for manufacture are patentable are as follows :
In the case of invention - (a) claiming substances intended for use or capable of being used, as food or as medicine or drug; or (b) relating to substances prepared or produced by chemical process (including alloys, optical glass, semiconductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture shall be patentable. It may be noted that the said claims should relate to a single method of process of manufacture.
# CONVENTION COUNTRY
There are some countries at present which have been declared as Convention countries under the law which are as under:
List of Convention Countries as per PCT under the Patent Act.
Austria
Bahrain
Bangladesh
Barbados
Belgium
Belize
Botswana
Brazil
Brunei Darrussalam
Bolivia
Bulgaria
Burkina Faso
Burundi
Canada
Cameroon
Central African Republic
Chile
Colombia
Costa Rica
Cote d' Ivoire
Czech Republic
Congo
Cyprus
Denmark
Dominica
Democratic Republic of Congo
Djibouti
Dominican Republic
Ecuador
Egypt
El Salvador
Finland
France
Gabon
Germany
Ghana
Greece
Guyana
Gambia
Grenada
Guatemala
Guinea
Guinea Bissau
Haiti
Honduras
Hong Kong (China)
Hungary
Iceland
Indonesia
Italy
Israel
Ireland
Jamaica
Japan
Kenya
Korea
Kuwait
Lesotho
Liechtenstein
Luxembourg
Macau
Malaysia
Malta
Mauritania
Mauritius
Mexico
Morocco
Myanmar
Madagascar
Malawi
Maldives
Mongolia
Mozambique
Namibia
Netherlands
Nigeria
Norway
New Zealand
Nicaragua
Niger
Pakistan
Panama
Paraguay
Philippines
Portugal
Papua New Guinea
Poland
Qatar
Rwanda
Romania
Saint Kitts and Nevis
Senegal
Singapore
Slovak Republic
South Africa
Spain
St. Lucia
St. Vincent and the Grenadines
Surinam
Swaziland
Sweden
Sierra Lveone
Slovene
Solomon Islands
Switzerland
SriLanka
Tanzania
Thailand
Trinidad and Tobago
Tunisia
Turkey
Uganda
United States
United Kingdom
Uruguay
United Arab Emirates
Venezuela
Zambia
Zimbabwe
# WHAT IS A COMPLETE SPECIFICATION?
A complete specification is a document drawn in prescribed form which contains the following:
- The title of the invention.
- A full description of the invention and its operation and use and the method by which it is to be performed;
- A disclosure of the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection, if necessary with the help of drawings, examples etc.
- A statement of claim or claims defining the scope of the invention for which protection is sought.
# TERMS OF PATENT
A patent shall be existed on the Register of Patent upto Fourteen years from the date of filing an application. No extension is to be granted after the period of 20 years is lapsed.
# RENEWAL
The first renewal fee will be due at the expiration of the second year from the date of the patent. Thereafter renewal fee should be paid at the expiration of every succeeding year. Payment of renewal fee in advance is permissible. If the renewal fees is not paid within the prescribed period the patent will cease to have effect on the expire of such period. However, it is advisable to get patent renewed for twenty years at once.
GENERAL INFORMATION FOR APPLICATION FOR PATENTS IN INDIA.
# APPLICATION
1. An application for a patent may be made by;
- (a) a person claiming to be the true and first inventor/inventors of the invention;
- (b) an assignee of the true and first inventor/inventors in respect of the right to make an application; and
- (c) the legal representative of a deceased person who immediately before his death was entitled to apply.
|
