Overview of Patent Registration in India

By: Engineer's Planet

Protection of inventions in India mostly depends upon patent registration. Incorporating the legal structure, eligibility criteria, and procedures required in obtaining a patent in India, this guide offers a thorough summary of the patent registering process. Knowing the nuances of the Indian patent system is crucial whether your company wants to defend your ideas or you are an inventor.

A patent provides an inventor exclusive ownership to their invention, thus allowing them to stop others from producing, using, selling, or spreading the patented good or process without authorization. Unlike copyrights, which guard the expression of ideas including literary or artistic works

1.  Introduction

The national process covers the entire country, the regional process targets specific areas, and the international process, under treaties like PCT, seeks multi-country patent protection.

2. Methods of Patent Registration Systems

3. Legal Framework

The Patents Act, 1970, and the Patents Rules, 2003, govern India's patent system. They align with global standards set by the TRIPS Agreement, part of the WTO, to which India is a signatory.

4. Key Legal Instruments

Key legal instruments include the Patents Act, 1970, Patents Rules, 2003, TRIPS Agreement (1994), and Paris Convention (1883), which collectively regulate Indian patents and align with international standards.

5. Exemptions and Special Provisions

India’s patent law addresses public health and development issues. The Indian Patents Act, 1970, reflects India's dedication to balancing patent protection with public welfare by exempting certain products, particularly in pharmaceuticals and agriculture.

6. What Can Be Patented?

To be patented, an invention must be original and not previously disclosed (novelty), represent a technological or creative advancement that isn't obvious to experts in the field (inventive step), and be capable of being manufactured or used in an industry

In Conclusion,The Indian patent system has experienced significant developments, which facilitates patent filing and registration. Since patents are territorial and must be registered in every country where protection is desired, inventors must determine where they wish to get patent protection before applying for one.