Under the Patents Act, 1970, a patent is a statutory right granted by the Government to an inventor for a limited period (20 years), giving them the exclusive authority to exclude others from making, using, or selling their invention.
1. Who Can Apply for a Patent
According to Section 6 of the Act, an application for a patent for an invention may be made by any of the following, either alone or jointly:
True and First Inventor: The person who actually conceived the invention.
It does not include the first importer of an invention into India or a person to whom an invention is first transmitted from outside India. Assignee: Any person or legal entity (like a company or university) to whom the true and first inventor has legally transferred the right to apply for the patent.
Legal Representative: If the true and first inventor is deceased, their legal heir or executor can file the application.
2. The Procedure for Grant of a Patent
The journey from an idea to a granted patent involves several critical stages:
Step 1: Filing the Application (Section 7)
The applicant files Form 1 along with a "Specification" (Form 2).
Provisional Specification: Filed when the invention is still in the R&D stage to secure a "priority date."
Complete Specification: If a provisional is filed, the complete specification must be submitted within 12 months, or the application is abandoned.
Step 2: Publication (Section 11A)
The application remains confidential for 18 months from the date of filing or priority.
Note: An applicant can request early publication (via Form 9) to have it published within one month.
Step 3: Opposition
Once published, third parties can oppose the grant:
Pre-grant Opposition: Any person can file an opposition in writing after publication but before the grant of the patent.
Step 4: Request for Examination (RFE)
Unlike publication, examination is not automatic.
Step 5: Examination and FER (Section 12)
The Examiner checks the invention for:
Novelty: It must be new.
Inventive Step: It must not be obvious to a person skilled in the art.
Industrial Applicability: It must be capable of being used in an industry.
The Patent Office then issues a First Examination Report (FER) listing any objections.
The applicant has 6 months (extendable by 3 months) to respond and satisfy the objections.
Step 6: Grant of Patent
If the Controller is satisfied that all requirements of the Act are met and objections are cleared, the patent is granted.
3. Key Non-Patentable Inventions (Sections 3 & 4)
Not everything can be patented.
Frivolous inventions or those contrary to natural laws.
Methods of agriculture or horticulture.
Plants and animals (except microorganisms).
Section 3(d): Mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy (this prevents "evergreening").
Inventions relating to atomic energy (Section 4).
Patent Timelines
| Event | Timeline |
| Complete Specification filing | Within 12 months of Provisional filing |
| Automatic Publication | After 18 months |
| Request for Examination | Within 48 months |
| Response to FER | Within 6 months of receipt |
| Term of Patent | 20 years from the date of filing |
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