A Brief Overview of Patent Law in India

by Paul Wright Tax Accountant Toronto - A Simple Checklist for Ch

Patent law protects innovations, productions and intellectual properties from unwarranted intruders. Like other countries there is law governing Patent filing and Patent prosecution in India.

Patent law in India was introduced back in the year 1911 with the coming into force of the Indian Patents and Designs Act 1911. The Patents Act of 1970 that came into force in the year 1972 replaced the old Act. This Act was amended again in 2005 extending the ambits of operation to all areas of technology including the foods and drugs among others. Currently the Patent prosecution in India is regulated by the amended Act of 2005. It also repealed the erstwhile Exclusive Marketing Rights regulations and introduced post-grant as well as post-grant opposition provisions.

Patent Filing in India

Any invention that is related to some product or process that is first timer can be protected by Patent filing in India. However the applicant has to bear in mind the inventions that are non-patentable as provided in section 3 and 4 of the Patent Act. Suits can be filed in India for violation of patented rights and Patent prosecution in India would be conducted according to the provisions laid down in the Patent Act.

How Patents are Granted in India

It is not enough filing an application for grant of patents in India and it has to be followed by a request for examination of the patented item by the Indian Patent Office. After examination the first report is issued allowing the applicant to comply the objections raised in the report. Compliances must be made within 12 months and if the same is not done the patent application is considered to be abandoned by the applicant. If on the other hand the objections are successfully complied then the patent is granted and this is notified in the Journal of the Patent Office. These processes require consistent monitoring and that is why many applicants obtain the help of competent Patent Firms for carrying out the task for them. With their experience and expertise in the field these firms can take care of all aspects of patenting processes.

Foreigners Filing Patent Application in India

India is one of the signatories of Paris Convention for Protection of Industrial Property of 1883 as well as the Patent Cooperation Treaty. These applications can be directly filed by the applicant or authorized signatories representing the applicant such as the Patent Agents in Delhi NCR that work for their absentee clients taking care of all the aspects of patent application. Rest of the processes is usual and the authorized signatory has to take steps to comply with the objections raised in the first report within 12 months of the filing of application.

Pre-Grant and Post-Grant Opposition

Application for pre-grant opposition is filed under section 11A of the Patents Act on the grounds prescribed in section 25 (1). The application has no fees attached and it can be filed even when no request for examination is filed. Post-grant opposition can be filed by one within 12 months of the grant of the patent.

Like patents the trademark is also a special mark for a company or its products that cannot be used by others. Like patent firms; many applicants obtain the services of experienced Trademark Firms in NCR for the purpose. Objective in both cases is hassle free obtaining of patent or trademark.