Patent Application in India
In furtherance to our previous discussion, Today, Mr. Mahesh Babu paid a visit to Intepat office. He said that he had a couple of doubts with regard to the filing a patent application in India. Further, we had a little chat with him where we were able to clarify his doubts on filing a patent.
Mr. Mahesh Babu (M): Am I the only one who can file a patent application for my invention?
Angela (A): An application for a patent for an invention can be made by any of the following persons either jointly with any other person:
-The true and first inventor of the invention.
-The assignee of the true and first inventor.
-The legal representative of the deceased true and first inventor or his/her assignee.
However, it is essential 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.
M: Where should we file a patent application in India?
A: There are four Patent Offices in India- Mumbai, Chennai, New Delhi and Kolkata. The Kolkata office is the head office. Additionally, the territorial jurisdiction between the four offices is divided as follows:
Patent Office Branches:
|Patent Office Mumbai||Maharashtra, Gujarat, Madhya Pradesh, Goa, Daman & Diu and Dadra & Nagar Haveli|
|Patent Office Chennai||Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka, Puducherry and Lakshadweep|
|Patent Office Delhi||Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Chandigarh and Delhi|
|Patent Office Kolkatta (Head Office)||West Bengal, Bihar, Jharkhand, Uttarakhand, Odisha, Chhattisgarh, Assam, Meghalaya, Mizoram, Tripura, Arunachal Pradesh, Manipur, Nagaland, Sikkim and Andaman & Nicobar Islands|
M: Ok, but how am I supposed to figure out the office in which I should file my patent application in India?
A: It’s very easy! The appropriate office for filing the patent application can be identified by:
*Place of residence, domicile or business of the applicant.
*Place where the invention actually originated.
*Address for service in India given by the applicant. (This is applicable only in the case of foreign applications.)
M: What should my application contain?
A: Your application for filing a patent should contain the following documents:
-Application for grant of patent in Form 1.
-Proof of right to file the application from the inventor. This is applicable if the invention has been assigned to someone else.
-Provisional or complete specification in Form 2.
-Power of authority in Form 26 if filed through a patent agent.
-Finally, an application should bear the digital signature of the application or authorized person/ patent agent.
M: You said something about a specification. What’s that?
A: In order to obtain a patent protection, an applicant must fully and particularly describe the invention for which the protection is claimed. It can be either provisional or complete in nature. A complete specification is given when the invention is complete i.e. ready to use. On the other hand, a provisional specification is given when the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage.
M: Does this mean I have to disclose my invention to everyone. Won’t someone copy it?
A: The disclosure of the invention in a complete specification must be such that a person skilled in the art may be able to perform the invention. This is possible only when an applicant discloses the invention fully and particularly including the best method of performing the invention. However, this will not lead to misappropriation of your invention. Any person who comes up with a similar invention after you have filed for a patent will be barred from doing so.
Mr. Mahesh Babu, before we continue, shall we have a cup of tea?