Patent Laws in India: How to Obtain a Patent

The Indian Patents Act, 1970 and the Patent Rules, 1972 govern the patent laws in India. Patent laws in India were first introduced by the British rulers to save the inventor interests through the Indian Patents and Design Act, 1911. The Indian Patents Act requires a company to follow a certain procedure to obtain patent right and gain commercial benefits from the invention.

Patent Laws in India: Steps to Obtain a Patent

According to the patent laws in India, an individual or a company must follow these steps to obtain a patent:

Submission of Application: The conditions that an applicant must meet are listed in sections 6 to 11 of the Act. The statute grants patent on the basis of the first-to-apply system. Only one application should be made for an invention as per section 7(1).

Examination of Application: Once an application is submitted, it is examined by the Examiner of Patents to ensure that:

• It meets the requirements of the Act and the Rules
• There does not exist any ground on which the patent can be objected
• The invention has not already been published or claimed by anyone else.

Advertisement of Acceptance of Complete Specification: This is done to announce to the general public that the applicant is the true inventor of the invention. The aim is to allow anyone, with valid objections to the applicant’s claim, start opposition proceedings.

Opposition to the Grant of Patent to the Applicant: If an individual wants to challenge the applicant’s claim, s/he must send the opposition to the controller of Patents in no more than four months after the acceptance of the claim was advertised. Permissible grounds on which a person can oppose the grant of patent are specified in section 25 of the Act.

Grant and Sealing of Patent: The applicant’s claim to the patent is granted and sealed once the application is accepted, either without any opposition or after the applicant was adjudged the first inventor of the invention in an opposition. The date of the sealing of the patent is entered in the register maintained by the Patent Office.