All You Need To Know About Patents In India

India is home to the third largest startup ecosystem in the world trailing behind America and China which rank first and second, respectively.  The startup ecosystem is a rapidly evolving mechanism with more and more new ideas coming to life year after year. Imagine having a unique idea which solves a problem and can be converted into a business model.  If the individual who comes up with the idea fears the idea might be stolen by another person to be replicated into a business model, the individual could apply for a patent to safeguard the idea. A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for publishing and enabling public disclosure of the invention.

The Indian Patents Act was established in 1970 and came into effect from 1972.  The Patent Act establishes what kind of inventions can be patentable and non patentable.  

Patentable Inventions:

For an invention to be established as a patented invention, it needs to satisfy the criteria listed below

1. The invention should be a one of its kind.  This means the invention shall be completely new and there should be nothing similar of its kind.
2. The invention should be unique in itself which means if the invention is making an existing technology or design better, it cannot be classified as a patentable invention.
3. It should be useful by developing and improving the life of the common man without the use and support of illegal things.

An additional thing to remember would be discovery of laws of nature could not be quantified as patentable inventions.  Examples of this would be Newton’s discovery of Gravity or Einstein’s Theory of Relativity.

Non Patentable Inventions:

According to the Indian Patents Act 1970, Section 3 and 5, there are certain types of inventions that cannot be patented as inventions and are listed below

1. A frivolous invention or any claim which contradicts known laws of nature.
2. Anything which is used for commercial purposes but contradicts public order and morality or which is prejudiced and causes harm to humans, animals and plant life.
3. Discovery of a new or unknown form of substance which does not enhance the known efficacy of the substance.
4. A method of agriculture or horticulture.
5. Any process or discovery relating to medicine, surgery,  curative, prophylactic diagnostic, therapeutic or other treatment of human beings or similar treatment in animals.
6. Discoveries pertaining to atomic energy.

Patent Application Process In India

In order to apply and obtain a patent in India,there are certain steps to be followed.  The steps for the patent application process are given below.

1. Collect and Journal all the important and relevant information pertaining to the invention with as much detail as possible. Information related to how and why the patent works, the advantages and description of the invention should be present.
2. Include drawings or designs related to the invention which explain the working of the idea/invention.
3. Check if the idea qualifies as an invention for the patent application.
4. Check if the invention meets all criteria and requirements according to Indian Patent Act 1970.
5. Draft a patent application. A provisional application can be filed if the invention is in the early stages of research and development.  Filing for a provisional application grants a person twelve months to come up with complete specifications.
6. Upon filing the complete specification along with the application for patent, the application is published after 18 months of first filing.
7. The application is examined only after the submission of a request for examination (RFE.)   Upon receiving this request the controller gives the patent application to a patent examiner who examines the patent application for various criteria and submits a first examination report which is shared with the patent applier.
8. Majority of patent applications would be subject to objections and the patent applicant should ensure all objections are resolved.
9.  After resolving all the objections the application would be placed in order for grant once it is found to be meeting all patentability requirements.

Owning a patent will help in prevention of theft of intellectual property, gives the right to exclusivity, right to commercialize the idea and increase the marketability and monetary value.  

Although the patent application process in India is a very long process and is susceptible to slow bureaucracy, it is important to remember that in the end, owning a patent will be a worthwhile investment.  There is also the possibility of the application process being made digital as well due to the technological advancements in digital security.

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