A patent is a type of intellectual property that gives its owner the legal right to prohibit others from creating selling or using, an invention for a limited period of time in exchange for publishing an enabling disclosure of the creation or innovation. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to execute their rights. In some industries patents are an important form of competitive advantage; in others they are irrelevant
Philips has filed a patent infringement lawsuit against Xiaomi. It has approached the Delhi High Court to restrain Xiaomi from assembling & selling phones through any online e-commerce platforms and retail chains in India. After hearing the appeal from Philips, the High Court asked Xiaomi’s Indian subsidiary to maintain a ₹ 1,000 crore bank balance on or before December 2, 20
Not all inventions or creations are patentable under the Indian Patents Act 1970. The Act establishes the guidelines for what can be considered a unique or different, effective, simple, or obvious invention. To the invention. The commercial use of the invention or creation cannot violate public order or morality or cause serious damage to humans or other animals. Patents can adversely affect plants, health, or environmental protection or be mere disclosure of scientific suggestions or abstract theory formulation, or discovery of living or non-living or non-living natural substances, etc.
- India Patent Types
- Indian Patent Offices
- Standard application in India
- Some Ordinary Patents India filing requisites:
- Indian Patent Solicitor
- Patent and Renovation Period
- Official Fee Discount
India Patent Types
patents can, depending on their priority argument, be categorized into 3 groups,
- Ordinary patent application
- Conventional patent application
- PCT national phase patent application
Ordinary Patent Application
Ordinary patent requests with provisional or temporary or full specifications can be filed in India. The fact that it doesn’t claim a preference from any other application is distinctive from other patents. The specification is a declaration of technical disclosure enabling the normal qualification to carry out an invention. Moreover, it begins with the name of the invention and includes the invention area, state of the art, invention purpose, overview, comprehensive invention description, sketchers, and statements, along with a summary of the innovation. The abstract contains a brief description. Further, the full specification must be preceded within twelve months by a provisional submission.
Convention Patent Application
In India, the priority of a convention application shall be asserted and shall be filed with complete specification within twelve months from the priority date.
PCT National Phase Patent Application
PCT’s National Step Patent Request must lodge with India in the complete English requirements after a PCT application that files at WIPO and within 31 months of the priority date. In the month of fastest priority, or within 3 months after a request made by the controller, the English interpretation of the priority documents should be filed. Further, if WIPO doesn’t issue PCT/IB/304, the certified copy must be filed with priorities within 31 months of the priority date.
Indian Patent Offices
4 patent offices in India, in Mumbai, New Delhi Kolkata, and Chennai, and the application must be submitted depending on territorial jurisdiction and where the applicant is located. Additionally, the application shall be submitted before a patent office in which the agent/attorney for the applicant lives in the territorial jurisdiction of the international applicant is present.
Standard patent application in India
For filing patent applications in India, the necessary requirements are as follows:
- Patent applicant’s name, address, specification, and nationality
- Additionally, patent inventors’ name, address, and nationality
- Provisional description, statements, abstract, sketches, or complete specifications.
Some Ordinary patent filling Requisites
- Statement of inventory, or complete requirements, within one month of application filing.
- Proof of right of inventor in written (assignment deed, work contract) or otherwise within six months of the application filing,
- Information of all the relevant international applications in any country outside India within six months following the application being filed.
Notarisation is not necessary. It should file as soon as possible to ensure that the request can release as early as possible and must receive by the patent office within three months of the request.
Indian Patent Solicitor
The following steps are included in the proceedings in our country:
- Patent request filing
- Publication after 18 months from the filing date, of a patent application
- An evaluation request within 48 months of the date of request.
- Issuance as first review report with all the opposition to the granting of a patent for enforcement within twelve months of issuance.
- In response to the review report and enforcement
- Release of exam reports and all objections that compiles with to the examiner’s satisfaction
- Responding to reports on examinations before all complaints have been met.
- Examiner interview
- Patent office award of letters patent document within 7 days of application receipt
- Patent and Renovation Period
The patent term in India shall be 20 years after the date on which ordinary and traditional patent; and national PCT patent applications shall fill in India or twenty years from the period on which the international PCT application has ended. Further, the patent renewal fee shall be for the third year after the grant until the end of the 20th year, and payable before the expiry of the respective years.
Additionally, the patent shall revoke if a renewal fee has not been charged up in a limited time, and the patent holder cannot take any action against an infringement by anyone during the period between the revocation of a patent and it is restored.
Official Fee Discount
India shall allow a discount on the official fee for both natural and small bodies. The whole discount tax shall have a charge at the time of registration of the assent. This can be when the patent application will allocate to the not-natural person (a small body or other than a little body).