Application for Patents in India, Patent act 1970 chapter 3 section 6 to 11 of this act, person entitled to apply, form of application etc.
- Who can apply section 6?
- Where to apply?
- Process
- Patentability search under section 3,
- Drafting the patent application under section 7.
- Patent rule 2003
- Specification under section 9
- Provisional specification
- Complete specification.
Who can apply for a patent? Application for Patents
- First and true inventor,
- Legal representative of deceased inventor,
- Assignee of the person.
The Section 6, of Patent Act 1970, state that, person entitled to apply for a patents, according to this section 6, provision contained in section 134 of this act.
An application for a Patent for invention may be made by any of the following person as mentioned above.
Any person referred above therein either alone or jointly with any other person can apply for patents, according to section 6(2).
Section 134 of this act, Notification as to countries not providing for reciprocity, no national of such country shall be entitled, either solely or jointly with any other person. Central Government by notification in the official Gazette does not accord1 to citizens of India.
The same right in respect of the grant of patents and protection of Patent rights as it accords to its own Nationals.
Reciprocity meaning in legal term the right to equality and mutual respect between state.
Where application to apply for patents in India?
In India CGPDTM means Controller General of Patent Design Trade Mark, the application applied in this office. There head office are located at metropolitan cities of India in Kolkata, chennai, mumbai and Delhi.
What is the Full form of CGPDTM
The full form abbreviation of CGPDTM is Controller General of Patent Design Trade Mark.
Patentability Search under section 3 Patent act, Application for Patents
The Patentability search means what are not invention or what may inventions. According to section 3 of the patents act 1970 the following are not invention within the meaning of this act.
- An invention which is frivolous( फालतू), obviously contrary to well established natural laws (science).
- Immoral means serious prejudice to human, animal or plant life or health or to the environment.
- Mere discovery of new form of a known substance, unless differ significantly in properties with regard to efficacy.
- Mere admixture resulting only in the aggregation of the properties.
- Arrangement or rearrangement or duplication of known device.
- A method of agriculture or horticulture.
- Any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment. Treatment of human being or animal to render them free of disease. Or increase their economic value or that of their products.
Drafting a patents application Section 7 of Patent act
The section 7 of the patents act 1970, form of application. In this Every application for a patent shall be for one invention only, shall be made in patent office. The filed in patent office shall be made in prescribed form.
Section 7 (1A), In every international application under patent cooperation treaty for patent, as may be filed designating India.
Filed in India shall be deemed to be an application under this act. If a corresponding application has also been filed before the Controller in India.
Section 7(3) The applicants under this section shall state true first inventor and in possession of invention. And declare that the applicants believes the person so named to be true and first inventor.
Under this section 7(4) every such application shall be accompanied by provisional or complete specification.
- Application Not being a convention application or an application filed under the patents cooperation treaty designating India.
Information and undertaking regarding foreign application
Section 8(1b) An undertaking that up to date of grant of patent in India, he would keep the Controller informed in writing. Either alone or jointly with any other person an application for a patent in any country outside India.
The application in respect of the same or substantially the same invention or knowledge such application.
Section 8(2) of Patent act, any time after an application for patent is filed in India. And the application till grant of patent or refusal to grant of a patent, the Controller may require the application to furnish details.
Provisional and complete specifications
Section 9 of Patent act, An application filed under the patent cooperation treaty designating India. The application is accompanied by a provisional specification, a complete specification shall be filed within 12 months.
Within 12 month means from the date of filing of the application, if the complete specification is not so filed. The application shall be deemed to be abandoned.
Content of specification, Application for Patents
Section 10 of Patent act, Contents of specification. Every specification, whether provisional of complete, shall describe the invention. And shall begin with the title sufficiently indicating the subject matter to which the invention relates.
Sub Clause 3 of section 10, if, in any particular case, the Controller considers that an application should be further supplemented by a model.
Or illustration sample may require shall be furnished before the application is found in order to grant of a patent. Such model or sample shall not be deemed to form part of the specification.
Complete specification Patent application
Sub Section 4, Every complete specification shall-
- Specifications and particularly describe the invention and its operation or use and the method by which it is to be performed.
- Every complete specification shall disclose the best method of performing the invention which is known to applicants. And for which he entitled to claim protection.
- Specification shall end with a claim or claims defining the scope of the invention for which protection is claimed.
- Every complete specification shall be accompanied by an abstract to provide technical information on the invention.
Priority dates of Claims of a complete specification
Where a complete specification is filed in pursuance of a single application accompanied by-
- Single application accompanied by a provisional specification.
- A specification which is treated by virtue of direction under sub-section(3) of section 9.
- The claim is fairly based on the matter disclosed in the specification.
- Previously filed application in India has been filed within 12 month from date of that application.
Complete specification of a patent shall not be invalid reason
- By reason only of the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim.
- The grant of another patent which claims the invention, so far as claimed in the first mention claim, in a claim of the same or a later priority date.
- Meaning is To match; to agree with ↩︎