The Patent system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.

A patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.

This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent. Patent Registration is done through Legal Firm India.

Key Points

• A patent application should be filed before publishing or disclosing the invention to public.
• Patent granted in India provides protection only in India. Therefore a patent owner cannot exercise his rights in a territory outside India.
• If an inventor wants protection in other countries then a separate application has to be filed for each country to obtain the worldwide right of patent over his product or process.

PATENTABILITY CRITERIA

• Novelty: i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.
• Inventive Step/Non Obvious: If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.
• Industrial Applicability: Invention should be useful, such that it can be used in an industry.