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FAQ - Frequently Asked Questions

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  • Does Indian Patent give protection worldwide?
    Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention. There is no patent valid worldwide.
  • Is it possible to file international application under Patent Cooperation Treaty (PCT) in India? 
    It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application. The addresses of these offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.
  • What can be patented?
    Any invention relating either to a product or process that is new, involving 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.
  • Who can apply for a patent?
    A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
  • How to apply for a patent?
    A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application. There is no extension of time to file complete specification after expiry of said period.
  • Is there provision for filing patent application electronically by online system?
    From 20th July, 2007, the Indian Patent Office has put in place an online filing system for patent application. More information for filing online application is available on the website of Patent Office (www.ipindia.nic.in.). This facility is also available for filing trademarks application.
  • What are the criteria of patentability ?
    An invention to become patentable subject matter must meet the following criteria – 
    i) It should be novel.
    ii) It should have inventive step or it must be non-obvious
    iii) It should be capable of Industrial application.
    iv) It should not fall within the provisions of sections 3 and 4 of the Patents Act, 1970.
  • Should application for patent be filed before or after, publication of the details of the invention ?
    The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is grace period of 12 months for filing application even after publication.
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