How to File a Patent in India

A patent registration can be obtained in India for an invention. Patent registrations are not applicable for all inventions and the invention must satisfy certain criteria to be patentable in India. In this article, we look at the procedure for filing a patent application in India.

What can be patented?

As per the Patent Act, for an invention to be patentable, the invention must be a new product or process, involving an inventive step and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria –

Novelty : The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.
Industrially applicable: Invention should possess utility, so that it can be made or used in anindustry.

Who can file a patent application?

A patent application for an invention can be made by any of the following persons either alone or jointly with any other person:

True and first inventor
True and first inventor‘s assignee
Legal representative of deceased true and first inventor or his/her assignee

The Patent Act defines the word "person" as including any natural person, company or association or body of individuals or government body, whether incorporated or not. In the case of a proprietorship firm, the application should be made in the name of the Proprietors. In the case of a partnership firm, the names of all personally responsible partners must be included in the patent application.

An assignee can also be a natural person or other than a legal person such as a registered company, LLP, a Section 8 Company, an educational institute or Government.

It is also important to note that true and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India. Th applicant is required to disclose the name, address and nationality of the true and first inventor.

How to file a patent application?

A patent application can be filed electronically using Form-1 along with provisional / complete Specification, with the prescribed fee at the appropriate patent office. Jurisdiction of a patent office is decided based on the following:

Place of residence, domicile or business of the applicant (first mentioned applicant in the case of joint applicants).
Place from where the invention actually originated.
Address for service in India given by the applicant, when the Applicant has no place of business or domicile in India (Foreign applicants).

Mumbai Patent Office Jurisdiction

The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.

Delhi Patent Office Jurisdiction

The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.

Chennai Patent Office Jurisdiction

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.

Kolkata Patent Office Jurisdiction

Rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.

To obtain a patent registration, visit IndiaFilings.com or get in touch with a Patent Attorney through IndiaFilings.com