Guidelines for registration of your Patent
1. Process patent or patent for ‘invention’:
A patent is granted for an ‘ invention’ which means any new and useful ‘art, process ,method or manner of manufacture’. You are entitled to file patent application for an invented article or process for manufacturing if the process is considered as ‘invention’ .Then only your manufacturing process is patenable .A patent is a monopoly right from the government conferred on the grantee for a limited period an exclusive right to make , use or sell his invention and also authorize others to do so. It will be operative in the whole of India under the Patent Act ,1970.
2. Term of patent:
The term of patent will be 5 years for food, drug , or medicine cases from its sealing date of 7 years from the date of patent whichever is shorter , in respect of any other inventions the period will be 14 years from the date of patent. After the said years it will become public juris i.e. becomes public.
3. Who can apply for a patent:
i) Any person being the inventor of an invention or his assignee can apply alone or jointly with any other person.
ii) A Firm or Company or a Corporation cannot apply as an inventor because such corporate bodies cannot invent and therefore cannot be termed as inventor .The employees or associates (one or two persons jointly ) can be recognized as inventor.
iii) But you have to name the inventors but your corporation will be the owner of the patent. For example in many companies there is Research and Development Wing by employing a team of technicians for researching and they invent a process either single or jointly .In such case the company or corporation may apply for the patent and patent right stands in the name of the company. But the name of the inventors should be brought on the patent documents.
4. Requirements of filing patent:
Furnish the following :
(i) Name of the Inventors
ii) Name of the Applicant -whether it is a Corporation or Company constituted under which act.
iii) Address of the Applicant
iv) Title of the Invention
v) Provisional or Complete Specification of patent
vi) Drawings if any
5. Contents of Provisional or Complete Specification:
This specification should contain objects , statement of claims , drawings if any .The complete specification shall contain the following paragraphs.
i) Introductory paragraph of the invention
ii) Statement of prior art or process if known to the applicant and the drawbacks of such present state of art or process.
iii) Objects of the invention
iv) Statement of claim
v) Details of invention (paragraph wise) with reference to the diagram and drawings, if any.
Drawings should be in triplicate and the original shall be on tracing cloth or transport or semitransparent sheet or films made of plastics measuring 33 x 20.5 CM or 41 CM with a clear margin of 1.5 CM width all around. Duplicate and triplicate can be Xerox copies. In the Top Left Corner the title of the invention should be mentioned .Diagrams should be clearly numbered such as Fig-1,Fig-2 etc.In the Right bottom applicant’s name should be signed within bracket the name should be mentioned in BLOCK LETTERS.
7. Stages of patent Application:
i) Filing of Patent Application:
ii) Examination and acceptance of patent application
iii) Advertisement in the Official Patent Gazette and opposition proceedings ,if any (within 4 months from the date of advertisement)
iv) Sealing of patent (the whole process will complete within the period of 4 to 5 years) .