The Patent system in India is governed by the Patents Act, 1970 (No 39 of 1970) & The Patents Rules 1972, effective from April 20, 1972.
WHO CAN APPLY
A patent application can be filed by the true and first inventor. The assignee or legal representative of the inventor can also file it. It can be filed individually or jointly. If in case a patent application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.
WHAT IS AN INVENTION
An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention.
WHAT IS NOT PATENTABLE
(1) An invention that is frivolous or that claims anything obviously contrary to well-established natural laws;
(2) An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;
(3) The mere discovery of a scientific principle or the formulation of an abstract theory;
(4) The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
(5) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
(6) The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way;
(7) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient, or for the improvement or restoration of the existing machine, apparatus or other equipment, or for the improvement or control of manufacture;
(8) A method of agriculture or horticulture;
(9) Inventions relating to atomic energy.
In the case of inventions relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) & substances intended for use or capable of being used as food. No patent will be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture will be patented.
FILING OF PATENT APPLICATION
A patent filing can be done directly at the Indian Patent Offices at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai, and Mumbai or via E-Filing.
To file a patent application, a set of forms has to be submitted to the patent office. To file a patent application, you will have to submit form 1, form 2, form 3, form 5, form 9 and form 18 or Form 26.
- Form 1- Application for the grant of patent
- Form 2- Provisional or Complete Specification
- Form 3- Statement and undertaking by the applicant
- Form 5- Declaration as to Inventorship
- Form9- Request for Publication
- Form 18- Request for Examination of Application of Patent
- Form 26 – Authorization of patent agent, in case, filed through a patent agent.
DOCUMENTS REQUIRED FOR FILING AN APPLICATION
- Application form in triplicate.
- Provisional or complete specification in triplicate. If the provisional specification is filed it must be followed by complete specification within 12 months (15 months with extension).
- Drawing in triplicate (if necessary).
- Abstract of the invention (in triplicate).
- Information and undertaking listing the number, filing date and current status of each foreign patent application in duplicate.
- Priority document (if priority date is claimed).
- Declaration of inventorship where provisional specification is followed by complete specification or in case of convention application.
- Power of attorney (if filed through Patent Agent).
- Fee in cash/by local cheque/by demand draft.
 Provisional applications are generally filed at a stage where some experimentation is required to perfect the invention. Therefore, filing a provisional application allows the applicant to get an early application date. Further, a complete specification has to be filed within 12 months from the date of provisional patent filing.