In India, a patent is granted for an invention, i.e., for a new product or process, which involves an inventive step and is capable of industrial application. The term of the patent is not extendible, and the term of every patent is 20 years from the date of filing the application in India, or from the date of filing the corresponding international application (PCT application).
For an invention to be considered patentable in India, it must meet the criteria of patentability, i.e., novelty, inventive step, and industrial applicability. Further, the claims must relate to either a product or a process. For example, claims directed to the ‘use’ of a product are not considered to be patentable. Certain inventions, which fall under the category of non-patentable inventions listed under sections 3 and 4 of the Indian Patents Act, cannot be patented in India.
Divisional patent applications can be filed at any time prior to the grant/refusal of the patent. However, the existence of a plurality of inventions in the parent application is an essential requirement for filing divisional applications. The claims of the parent application must be divided between the parent and the divisional; additional claims for any matter/embodiment that is not claimed in the parent application cannot be filed, even if it is fully supported by the description. Patent of addition may be filed for any improvement in or modification of an invention claimed in a previously filed Indian patent application (main patent).
Once a patent is granted, the patentee and licensee are required to file a statement of the extent to which the patented invention has been worked on a commercial scale in India. This statement is required to be submitted once for every financial year (1st April to 31st March) and shall be furnished within six months from the expiry of each such fiscal year.
The Indian Patents Act has provisions for filing both pre-grant opposition and post-grant opposition. Further, a petition for revocation of the patent may be filed by any person interested, at any time after the publication of the grant of the patent.
The Indian Patents Act confers exclusive rights to a patentee to exclude third parties from selling, making, importing or using the patented invention related to a product or a process. Violation of these rights by a third party constitutes infringement. A patent infringement suit can be filed only after the grant of a patent.
Patent Attorney in India at RK Dewan provides services like a consultancy to clients from all over the world on patents, trademarks, copyrights, and other intellectual property laws.
