How can a Patent be filed? Patentability search:Before a patent application, it is important to conduct a patentability search in order to determine the invention is patentable or not. Patentability search includes an invention must be Novel, involve Inventive Step, Capable of being Industrial Application and should not be fall under non-patentable subject matter of Section-3 and Section-4 of Patents Act, 1970. Filing of a patent application is a legal document to obtain a patent in India. A patent application has to be filed in a patent office as per the jurisdiction prescribed.
Who can apply for a patent? Under Section-6 of the Patents Act, 1970, an application for an invention may be made by any of the following person; • • •
Any person claiming to be the true and first inventor of the invention; Any person being the assignee of the person claiming to be the true and first inventor; Legal representative of any deceased true and first inventor or his/her assignee;
Jurisdiction of the patent office is to be decided by the following criteria: • • •
Place of residence, domicile or business of the applicant. The place from where the invention actually originated. For a foreign applicant, the address for the service in India given by the applicant, when the applicant has no place or domicile in India.
Following are the four patent offices in India with territorial jurisdiction:-
Patent Office Delhi
Kolkata Chennai Mumbai
Territorial Jurisdiction The State of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, Territory of Chandigarh. Rest of India The State of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Pondicherry and Lakshadweep. The state of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, The Union Territories of Daman & Diu and Dadra & Nagar Haveli.
Following types of Patent Applications can be filed:• • •
Ordinary Application Convention Application PCT International Application