The Patent Act, 1970 governs the Patent system in India. Patent Registration in India grants absolute rights to an inventor or an assignee for a duration of 14 years. After this, the patent goes to public domain. A Patent is a territorial right. It excludes
third parties from infringement, so it can be termed as a negative right. Inventions prescribed under Sec. 3 and 4 of Patents Act, 1970 are non-patentable. While the filing of the patent, remember not to disclose your invention before people.
Documents for Patent Registration in India-
- Application form in duplicate (Form 1) – it includes information relating to the name and address of the inventor, name, and address of the applicant and other declarations.
- The provisional or complete specification in duplicate. If you are filing the provisional specification, provide the complete specification within 12 months (Form 2).
- Drawing in duplicate (if any). The drawing sheets attached should also contain the signature of an applicant or his agent in the right-hand bottom corner.
- Abstract of the invention.
- Claims (if any).
- Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
- Priority document (on claiming priority date) in convention application, on the direction of the Controller
- Declaration of inventorship where the provisional specification is followed by the complete specification or in the case of convention/PCT national phase application (Form 5).
- Power of attorney (if filed through Patent Agent).
- Fees (paid by cash/by cheque/by demand draft)
- All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
- Priority documents are necessary in the following cases:
Convention Application (under Paris Convention)
PCT National Phase Application wherein requirements of Rule 17.1 (an or b) has not been fulfilled
Note: To enable early publication of the application, it is mandatory to file the Priority document along with the application or before the expiry of 18 months from the date of priority.