What is a Patent ?
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
What can be patented ?
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.
What are the criteria of patentability ?
An invention to become patentable subject matter must meet the following criteria -
Is there any provision in the law for early publication?
Yes, the applicant can make a request for early publication in Form 9 along with the prescribed fee. After receiving such request the Patent Office publishes such application within a period of one month provided the invention contained thereon does not relate to atomic energy or defence purpose.
Is patent application once filed is examined automatically ?
The patent application is not examined automatically after its filing. The examination is done only after receipt of the request of examination either from the applicant or from third party.
When the request for examination can be filed ?
The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier. For more details kindly refer to rule 24B of the Patents Rules 2003 as amended upto 2006.