Patents Act 1970 and Patent system in India, patentability, process and product patent, filing of patent, patent specification, patent claims, Patent opposition and revocation, infringement, Compulsory licensing, Patent Cooperation Treaty, Patent search, and patent database.
The Patents Act 1970 is the primary legislation governing patents in India. The act provides for the grant of patents for inventions in all fields of technology, including products and processes, and lays down the conditions for patentability. The act is administered by the Indian Patent Office, which falls under the Indian Ministry of Commerce and Industry.
In order for an invention to be patentable in India, it must be new, involves an inventive step, and is capable of industrial application. The invention should not be excluded from patentability as per the act, such as mathematical or business methods, discoveries of living organisms, and mere discoveries of a scientific principle.
In India, patents can be granted for both products and processes. A product patent is granted for an invention that relates to a new product or substance, while a process patent is granted for an invention that relates to a new process for producing a product.
The process of filing a patent application in India begins with a provisional specification, which is a preliminary and informal disclosure of the invention. This is followed by a complete specification, which includes a detailed description of the invention, the manner in which it can be carried out and the best way of performing it. The patent specification also includes the patent claims, which define the scope of the invention and the protection sought by the applicant.
The Indian Patent Office examines the patent application to ensure that it meets the requirements of the Patents Act 1970. If the application is found to be in order, it is published in the Indian Patent Office Journal and opened for public inspection. Any person may oppose the grant of a patent by filing a notice of opposition with the Indian Patent Office within a prescribed period of time. After the grant of a patent, any person may file for revocation of the patent on certain grounds.
Infringement of a patent occurs when a person, without the consent of the patentee, makes, uses, exercises, sells or imports for those purposes any patented invention. In India, if a patentee feels that their patent has been infringed, they can file a suit for infringement in a competent court.
Compulsory licensing is a provision under Indian Patent law that allows the government to authorize a third party to produce and sell a patented product or use a patented process without the consent of the patentee in certain circumstances. This is done to promote public health, and non-commercial use, and to curb abuse of dominant position by the patent holder.
India is also a member of the Patent Cooperation Treaty (PCT), which provides a centralized and streamlined process for filing patent applications in multiple countries. Additionally, The Indian Patent office maintains a patent search and patent database system that allows users to search for and view published Indian patent applications and granted patents. This database can be searched by patent number, applicant name, and international patent classification.