How to File a Patent in India

Patents in the USA

Under Patent Act, the invention to be patentable should meet the following criteria.

i) Novel: The invention disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
ii) Inventive: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.
iii) Industrially applicable: Invention should possess utility, so that it can be made or used in the industry.

The above step is critical to identify novelty and inventiveness of the invention. It requires skill to perform prior art search, patent search, claim understanding etc. Before performing the patentable analysis, inventor should verify the non-patentable matters as mentioned below.

Under Section 3 & 4 in Patent Act, and in sub section 3 (a) to 3 (p) gives the areas of inventions not patentable. For example,

· invention which is against natural laws;
· causes injury to human, animal or plant life or health or to the environment;
· mere discovery of a scientific principle;
· mere discovery of thing occurring in nature;
· mere discovery of a new form of a known substance;
· substance obtained by a mere admixture;
· mere arrangement or re-arrangement or duplication of known devices;
· method of agriculture or horticulture;
· any process of treatment of human beings;
· plants and animals excluding microorganism but including seeds;
· mathematical or business method or a computer programme per so or algorithms;
· artistic works;
· method of performing mental act or method of playing game;
· a presentation of information;
· topography of integrated circuits;
· traditional knowledge; and
· invention related to atomic energy.

Normally, non-patentable matter can be verified by you; however it is advisable to cross-check from your patent agent or patent attorney. In case, your invention falls under above list, you will not be required to pursue patentable analysis and/or patenting your invention, otherwise you can proceed for patentable analysis and patenting your invention.

The patentable analysis can be done by you if you are familiar with prior art search or by your patent agent. To know more about patent search, please visit the link Patent search. Before providing all the information relevant to your invention in an invention disclosure format to your patent agent, ensure to enter in a Non-disclosure agreement with your patent agent. If the outcome of analysis is favourable to your invention for patenting, you can go ahead for filing patent application in India.

Next step is to draft the patent specification; again it can be done by you if you are familiar with patent drafting or by your patent agent. To learn about patent drafting skill, please visit the link patent drafting. In India, a patent specification has the following elements such as

· Title of Invention
· Field of Invention
· Background
· Summary of Invention
· Brief description of drawings
· Description of invention
· Examples if any
· Specific embodiments if any
· Abstract
· Claims
· Drawing/diagram/flow-chat

After completion of patent drafting, you can file it as provisional or complete application. And then, your patent agent will file the patent specification with appropriate forms at appropriate offices in India.

Happy inventing!!

About the Author:

Senthil is a registered Indian Patent Agent with Indian Patent Office and a Patent Consultant in a niche IP Consulting firm,Intepat IP Services. Senthil is also an Inventor in the area of product design, controls and instrumentation.



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Excellent Chocolate Recipes:

Majestic Chocolate Fillings, Pralines, and more:

Icing, also called frosting, is a sweet often creamy glaze made of sugar with a liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites, cream cheese, or vanilla and is used to decorate, cover or add flavor to cakes, cookies or other baked goods.

Chocolate Meringue Pudding

Put the milk in the upper part of the double-boiler, and heat. Mix flour and cocoa together and soften in a little cold milk; mix until free from lumps. When the milk is hot, add the flour, and cook, stirring often, eight or ten minutes. Beat yolks of eggs lightly; add sugar and salt, and mix well. When mixture in double-boiler has cooked sufficiently, strain it over the mixture in the bowl. Put back in double-boiler and allow it to cook one or two minutes (stirring constantly), just enough to slightly thicken the eggs. Remove from the stove, and when cool add vanilla and put in the serving-dish. Cover with a meringue. Place dish on a board, put in the oven with the door open, and allow it to remain there for ten or fifteen minutes, and when the meringue will not stick to the fingers, close the door and let it brown slightly. This pudding can be eaten warm or cold, but is much better cold. This will serve four persons generously.

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