Corporate, Commercial & Tax
Patents
Patent searches, drafting and filing under the Patents Act, 1970, prosecution and enforcement.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
A patent under the Patents Act, 1970 gives the owner the right to prevent others from making, using, selling or importing the invention in India. An invention must be new, involve an inventive step and be capable of industrial application, and it must not fall within the exclusions in Section 3 (for example mathematical methods, business methods and computer programs per se). An application can be filed with a provisional or complete specification; examination happens only after a request for examination. The term is 20 years from the filing date, subject to payment of renewal fees. Protection is territorial; the PCT route helps seek protection in other countries.
Consultation
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Frequently Asked Questions
What cannot be patented in India?
Section 3 lists exclusions, including discoveries, mathematical and business methods, computer programs per se, methods of treatment, and new forms of known substances without enhanced efficacy (Section 3(d)).
What is a provisional specification?
An initial filing that secures a priority date while the invention is developed. A complete specification must follow within the period the Act allows, or the application is treated as abandoned.
How long does a patent last?
Twenty years from the date of filing the application, provided renewal fees are paid as they fall due.
What if someone copies my patented invention?
A suit for infringement can be filed in a court with jurisdiction, seeking an injunction, damages or an account of profits. The defendant may challenge the patent's validity in response.
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