In India, the process of filling a patent application is governed by the Indian
Patent Act 1970 and its accompanying rules. The primary object of patent filing
is to secure exclusive rights for an invention, encouraging innovation and
protecting the interests of inventors. In the dynamic realm of intellectual
property law, securing patent rights is paramount for innovators and businesses
aiming to protect their groundbreaking inventions.
This article provides a
comprehensive overview of the patent-filling process in India, shedding light on
the intricate steps involved and the various types of applications available to
Navigating the Patent Landscape in India
A Comprehensive Guide to the filling procedure and Type of Application under
patent law in India refers to a detailed and inclusive manual or resource that
provides information and guidance on the process of filling patents in India.
The different types of patent applications that can be filled under Indian
patent law, highlight the nuances and requirements associated with each. It
serves as a comprehensive reference for individuals, businesses, or legal
professionals interested in securing patent protection for their inventions in
Application for Patent:
Application for patent under Patent of Act Section 6 outlines the eligibility
criteria for filling a patent application in India. The application was made by:
- True and First Inventor:
- Any person who claims to be the original inventor of the invention.
The application must disclose their name, address, and nationality.
A person or entity to whom the right to make the application has been assigned by the true and first inventor.
The assignee can be a natural person, registered company, research organization, education institute, or government.
Proof of right, such as an assignment deed, must be submitted.
- Legal Representative:
The legal representative of a deceased person who was entitled to make the application before their death.
Legal representatives must submit relevant documents, such as a death certificate, as proof of right.
Section 2(1)(y)clarifies that the'' true and first inventor'' does not include
the first importer of an invention into India or a person to whom an invention
is first communicated from outside India. In the case of a convention
application, the legal representatives or assignee of the necessary
documentation to establish their right to apply for the patent.
Form of Application
The application process for a patent, as outlined in Section 7, emphasizes the
requirement for each application to pertain to a single invention. If an
application is based on an assignment of patent rights, proof of the right to
apply must be provided. A complete patent must be indivisible, covering either a
substance or a process, without the possibility of separating them. The
specifications and claims in the patent must be clear and distinct.
International patent applications under the Patent Cooperation Treaty(PCT) are
deemed applications under the national patent law if a corresponding application
has been filed in India. The filling date and processing by the Indian Patent
Office determine the international filing date under the PCT. Notably, every
non-convention or non-PCT application must be accompanied by a provisional or
The complexity and expense of obtaining patents are acknowledged, and the patent
cooperation treaty PCT is highlighted as a solution. The PCT allows inventors to
submit a single international application valid in over 120 member countries,
simplifying the global patent protection process, Inventors, who are citizens or
residents of PCT member countries, can choose to file in all member countries or
a selected group. This international patent application system provides a more
accessible and streamlined approach for inventors.
Provisional and complete Specification /Content of specifications:
The Provisional Specification and Timeframe if a patent application is submitted
with a provisional specification a complete specification filing date. Failure
to file the complete specification within the specification timeframe will
result in the application being deemed abandoned.
Consolidation of Related
Inventions If an application submits multiple applications with provisional
specifications for related inventions, and the Controller determines that these
inventions constitute a single invention, the Controller may allow the filling
of one complete specification for all such provisional specifications. The
period specified is calculated from the date of filing of the earliest
Conversion of Complete to Provisional to
Specification if an application for a patent is accompanied by a specification
claiming to be complete, the Controller may at the applicant's request within
12th months of filling, treat it as a provisional specification. The application
will then be processed accordingly.
Where two or more applications in the name of the same application are
accompanied by a provisional specification in respect to inventions which are
connate or of which one is a modification of another and the controller thinks
that the whole of such inventions are such as to constitute a single invention
and may properly be included in one patent, he may allow one complete
specification to be filed in respect of all such provisional specifications
provided that the period specified under sub-section(1) shall be reckoned from
the date of filing of the earliest provisional specification.
Where a complete specification has been filed in pursuance of an application for
a patent accompanied by a provisional specification or by a specification
treated by a direction under sub-section (3) as a provisional specification, the
Controller may, if the application so requests at any time before the grant of a
patent, cancel the provisional specification and post-date the application to
the date of filing of the complete specification.
A Provisional Specification in the context of patent law is a document that
outlines the basic details of an invention. It serves as an initial and
temporary filing, providing a snapshot of the invention while offering some
legal protection. The key points regarding a provisional Specification under
Section 10 of the Patent Act 1970.  The Title of the Invention clearly states
the title that represents the invention.
The field of the Invention describes
the technical field or area to which the invention pertains. Description of the
Invention providing a detailed but preliminary description of the invention,
explaining its features, components, and functionality.Drawings Including any
necessary drawings or diagrams that help illustrate the invention.
Industrial Applicability indicating the practical applications or industries
where the invention can be utilized. Priority data mentioning any priority
claims based on previous filings. Applicant Information Including details about
the person or entity applying for the patent.
A complete specification is a comprehensive techno-legal document crucial in
patent proceedings. It serves to fully and precisely describe an invention,
providing details on its concept and the most effective method of
implementation. This document is of great significance, and its drafting
requires meticulous care to avoid any ambiguity. The complete specification
plays a pivotal role in the patent application process, ensuring a clear and
thorough representation of the invention for legal and technical purposes.
In conclusion, the process of filing a patent application in the India Patent
Act 1970 and its associated rules. The primary goal of this process is to secure
exclusive rights for an invention, fostering innovation and safeguarding the
interests of the inventor. The comprehensive guide outlined above provides an
in-depth overview of the patent filling procedure in India, emphasizing the
different types of applications available under Indian patent law.
The type of
applicants eligible to file a patent application include the true and first
inventor assignees and legal representatives of deceased inventors. Each
category has specific documentation requirements to establish the right to apply
for a patent. The application form must pertain to a single invention, and if
based on an assignment of patent rights, proof of the right to apply must be
The application must be indivisible covering either a substance or a
process, with clear and distinct specifications and claims. International patent
applications under the patent cooperation treaty (PCT) are recognized under
Indian national patent law if a corresponding application has been filed in
India. The PCT is highlighted as a solution to simplify the global patent
protection process, allowing inventors to submit a single international
application valid in over 120 member countries.
The provisional and complete specification is a crucial aspect of the filing
process. A provisional specification serves as an initial and temporary filing,
providing a snapshot of the invention, while a complete specification must be
filed within a specified time frame. The PCT is also acknowledged as a solution
to the complexity and expense of obtaining patents. overall the frame.
patent filing process in India involves careful adherence to the legal
requirements outlined in the Indian Patent Act. Understanding the nuances of the
process and the different types of applications available is essential for
individuals, businesses, or legal professionals seeking to secure patent
protection for their inventions in India.
- The Patent Act, 1970.
- Under Section 6, The Patent Act 1970.
- Under Section 7, The Patent Act 1970.
- Under Section 9, The Patent Act 1970.
- Under Section 10, The Patent Act 1970.
- Sakshi Sharda, Specification of patent In India, 02 Jun 2020, https://corpbiz.io/learning/specification-of-patent-in-india/.