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| Home > Business Law > The India Patents Act 1970 |
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| Application for a patent |
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An application for a patent may be made by the actual inventor of the invention, or an assignee of the right to make an application or a legal representative of either.
It is the person who first applies for a patent who is entitled to the grant. A prior inventor of the invention who applies subsequently will not get the patent as against the first applicant.
FORM OF APPLICATION
- An application for a patent in the prescribed form along with the prescribed fee should be led in the patent office and every application shall be for one invention only.
- Where the application is made by virtue of assignment of right to apply, proof of such right shall be filed.
- The application shall state that the applicant is in possession of the invention and give the name of the owner claiming to be the true and first inventor and where the person so claiming is not the applicant the application shall contain a declaration that the applicant believes the person so named to be the true and first owner.
- Every such application is to be accompanied by a provisional or complete specification.
- Where the application is accompanied by a provisional specification, a complete specification should be filed within twelve months from the date of filing the application. If this is not done the application shall be deemed to be abandoned.
- The complete specification should fully describe the invention and the method by which it is to be carried out. It should disclose the best method of performing the invention known to the applicant and end with a claim or claims defining the scope of the invention for which protection is claimed.
PROCEDURE ON RECEIPT OF APPLICATION
- The application filed is referred by the Controller to the Examiner who makes an inquiry to see whether it complies with the requirements of the Act and Rules, whether there is any lawful ground of objection of the grant of the patent, and whether the invention has already been published or claimed by some other person.
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The examiner makes a search in the patent office for specifications of prior applications and Patents to see whether the same invention has ready been published or claimed or is the subject matter of existing or expired patens.
A report is accordingly made to the Controller within 14 months form the date of reference.
- The patent office after examination of the application will communicate to the applicant the objections, if any to the grant of a patent. If the objections are not satisfactorily met the Controller of Patents after giving an opportunity of hearing to the applicant will refuse the application.
- If the applicant satisfactorily removes the objections the controller will accept the complete specification and advertise it in the official Gazette.
- A request for sealing the patent can be made not later than the expiration of six months from the date of publication.
PATENTS OFFICE
The Patent head office is at Calcutta and there are branch offices at Bombay, Delhi and Madras. |
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