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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Enticing Chocolate Recipes:

Luscious Chocolate Fillings, Pralines, and more:

Frostings are sweet often creamy glazes made from sugar with an added liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites or vanilla flavorings and is used to cover or decorate baked goods, such as cakes or cookies. Pastry bags are then used to apply the frosting to cakes, pies, muffins or other baked goods. A high-quality reusable pastry bag is often made from tightly woven nylon, polyester, rubber or waterproofed cotton. Medium quality bags are similar, except they are not so tightly woven and may let some contents seep through the weave or the seams. After use, a reusable bag is washed by hand and hung open to dry. A high-quality bag may last for many years.

Chocolate Jelly

Put the water, salt and chocolate in a saucepan. Cook, stirring until the chocolate melts, then let it boil for three or five minutes. Soften the gelatine in a little cold water and pour the boiling mixture over it. Stir until dissolved, then add sugar and vanilla. Pour into a mould and set aside to harden, serve with cream and powdered sugar or sweetened whipped cream.

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