Patent procedures in India are governed by the Patent Act 1970. As in many other countries, an art of manufacturing, process or a method of manufacturing, machines and apparatuses or items produced as a result of manufacturing can be patented in India.
Before patent filing, one should also know the limits of patenting and therefore about the things or items that are not patentable. These items would include:
1. Inventions that are against the law, public health or morality
2. Anything contrary to existing natural laws
3. A new use of a known substance
4. Rearrangements of already known items.
5. Method of agriculture and horticulture
6. Mixtures resulting from the individual properties.
7. Algorithms or business procedures
8. Process of treatment of living things.
Once it has been made sure that the object to be patented does not fall in any of the above eight categories, here are the main requirements for filing an application for patent:
1. Claims, Drawings of the object, address and nationality etc of the applicant.
2. General information of the inventors.
3. Power of attorney or authority
Once the application is filed, the main patent registration procedure starts which includes many stages:
The first stage is the examination stage. One has to request an examination within 48 months from filing the application. The patent would be granted if there is no opposition found to the application. The opposition could be filed by any person within four months when the notification is accepted by the gazette. If the opposition is overruled, the patent would be granted for a period of 20 years from the date of application.
Many would wonder, what would happen if there is a rectification to be made into the patent register, well, the provisions for this are also available. If something is omitted or missed by mistake, or an entry has remained on the register by mistake, or if there is any other error in the register, in all the above cases, rectification is possible.
The infringement action in India is handled by the district courts or the high courts. If any unauthorized manufacturing, selling or distributing of a patented item or process is found, it amounts to infringement in law. In the case of a pending patent application, no action can be taken until the complete specifications and details regarding the patent are published and accepted by the concerned authorities.