National Phase Patent Application in India: Identify PCT National Phase Deadline Date in India by analysing the Earliest Priority Date of Patent Filing

Patent Laws related
to Ideas & Inventions
in India
Invention relating to a process or product can be patented in
India, under the Indian Patent Act, 1970.

Patents in India
Patent Office in India
- It is administered by the Office
of the Controller General of
Patents, Designs & Trade
Marks (CGPDTM).
- Subordinate office of
Government of India.
- CGPDTM reports to the
Department of Industrial
Policy and Promotion.
- Headquarter at Kolkata.
- The Comptroller General
Patent Law in India - History
- First enactment, the Indian
Designs and Patents act was
enacted in 1911.
- The current act came into force
in 1972.
- Was amended in 2005,
wherein the product patent
was extended to all fields of
technology.
- repealed provision relating to
Exclusive Marketing Rights.
Patent Lawyers & Intellectual Property Law firm in India | PCT Filing Patent Firm in India Email: info@techcorplegal (dot)
com

Patents in India - Basics
Patent Filing in India
-Application for grant of patent. Can
be filed online as well.
- Statement and undertaking.
- Declaration for inventorship.
- Request for examination.
- Request for publication, if required.
Patent Office Procedure
-Applications are identified by separate
serial numbers.
- Application is screened on four
grounds.
- checks whether the Application has
been filed in appropriate jurisdiction.
- checks for proof of right to file the
application.
-checks whether the filing is done in the
prescribed format.
com

Patents in India - Important
Definitions
Controller
-means the Controller General of Patents,
Designs and Trade Marks referred to in
Section 73.
- supervises the administration of all
aforementioned acts.
-advises the Government on matters.
-powers enumerated in Section 77 of the
Patents Act, 1970.
-power to review its own decision .
Government Undertaking
-"Government undertaking" means any
industrial undertaking carried on
-by a department of the Government, or
-by a corporation established by a Central,
Provincial or State Act, which is owned or
controlled by the Government, or
-by a Government company as defined in
section 617 of the Companies Act, 1956.
-by an institution wholly or substantially
financed by the Government.
com

Definitions
Invention
- means a new product or process involving
an inventive step and capable of industrial
application.
-invention should be non-obvious.
-it should not fall under the category of
items that are non patentable mentioned
under section 3 and 4 of the act.
-should be commercially viable.
-should be useful and novel .
Inventive step
-"Inventive step" means a feature of an
invention that involves technical
advancement from existing knowledge.
-should be non-obvious to the person
skilled in that art.
-nonobviousness principle: whether the
invention is an adequate distance beyond
or above the state of the art.
-non-obviousness bar: as a society, accept
as a valuable discovery
com

Definitions
Industrial Application
-the invention is capable of being made or
used in an industry.
-it is a requirement for an invention to be
patented.
-should have utility for masses at large not
just for a particular individual.
- concept of "industry" is far-reaching: it
includes agriculture.
Assignee
-The entity that has the property right to
the patent.
- Can be a legal representative.
-References to the assignee of any person
include references to the assignee of the
legal representative or assignee of that
person.
-There can be several assignee.
-The inventor and the assignee may be one
in the same.
com

Definitions
Patentee
-Person for the time being entered on the register
as the grantee or proprietor of the patent.
-Has a right to prevent others from making, using,
offering for sale, selling or importing the patented
product in India.
- If the patent is for a process, then the patentee
has the right to prevent others from using the
process.
-Section 48 of the Act provides for the rights.
-appears on the official government registry as the
patent owner.
Inventor
-who contribute to the claims of a patentable
invention.
-European Patent Convention does not provide
a fixed definition.
- There can be joint inventor or co-inventors.
-identifying the inventor is a very important
process in patenting.
-An inventor can keep the invention to
themselves, get a fee or royalty or even sell it.
com

Definitions
-Means the appropriate office of the patent office as
specified in rule 4.
-for all the proceedings under the Act, be the head office
of the patent office or the branch office, as the case may
be, within whose territorial limits
- In domicile where the inventor resides.
-the applicant for a patent or party in a proceeding if he
has no place of business or domicile in India, the address
for service in India given by such applicant or party is
situated.
- The appropriate office cannot be changed ordinarily .
Jurisdiction of Indian Patent Office
- Refers to the power conferred to the
offices to patent related matters in a
particular region.
- Application is normally to be filed in
accordance to the jurisdiction the domicile
falls in.
- Delhi, Mumbai, Kolkata and Chennai have
defined areas of territorial jurisdiction.
- Plaintiff can file a case in its jurisdiction,
where he resides or has business.
com

Definitions
Applicant(s)
- whoever applies for a patent, is known as the
applicant.
-Someone who intends to work with the patent
-Applicant does not necessarily have to be the
inventor.
- In practice however, applicant is most of the
time the inventor.
-If the applicant and inventor are different then
the inventor might reserve its right.
Joint Applicants
- If there are two or more applicants then it's
referred to as joint applicants.
-If an applicant has to be added, it can only be done
with the consent of all the joint applicants.
-Same procedure is for the deletion of an applicant
- If one of the joint applicant dies before the grant of
the patent, the survivor(s) may, with the consent of
the legal representative of the deceased can
continue with procedure.
-dispute between the joint applicants, regarding
such substitution, controller decides.
com

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Tech Corp Legal
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Sector 43, Gurgaon – 122002,
Haryana, INDIA
Email: info@techcorplegal
(dot) com
Patent Lawyers & Intellectual Property Law firm in India | PCT Filing Patent Firm in India | National Phase Patent Filing in India before Indian Patent
Office

National Phase Patent Application in India: Identify PCT National Phase Deadline Date in India by analysing the Earliest Priority Date of Patent Filing

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