What is the term of a patent in the Indian system?
The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT.
Does Indian Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
What can be patented?
An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
What are the criteria of patentability?
An invention is patentable subject matter if it meets the following criteria –
- It should be novel.
- It should have inventive step or it must be non-obvious
- It should be capable of Industrial application.
- It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
When should an application for a patent be filed?
An application for a patent can be filed at the earliest possible date and should not be delayed. Delay in filing an application may give rise to some risks such as
- some other inventor might file a patent application on the said invention and
- there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.
Can any invention be patented after publication or display in the public exhibition?
No, because such publication or display destroys the novelty of the invention.