According to Section 43 (1), when the application for the grant of patent is in order and the controller has approved it by the virtue of power vested in him under the said act, and not the application is in contravention to any of the provisions of the said act, the patent shall be granted with the seal of the patent office and the date on which the patent is granted will be recorded in the register.
The patent application is automatically published after a period of 18 months from the date of filling the application for making it a prior art. Prior art acts as evidence that your invention is already known. In case the applicant is desirous of an early publication, he/she can file under Form 9 requesting for an early publication and by paying the requisite fee provided in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003).
Under PCT treaty, the patent applicant can seek patent protection for an invention simultaneously in each member state of the PCT treaty by filing international patent application at WIPO instead of filing numerous separate national patent applications in each country. Patent cooperation treaty members comprise 146 states.
The patent law in India defines various categories of patent applicants. Depending upon the category and type of the patent applicant, the documentary requirements and the official filing fee varies. In essence, a patent in India can be filed by a natural person, a startup, small entity, others.
the software patent applications filed in India shall claim innovative methods including all the steps of flow diagram of the software applications along with novel hardware (apparatus / system claims) claims including elements of the system architecture embodying the corresponding methods / processes.
Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
Software has become patentable in recent years in most jurisdictions and the number of software patents has risen rapidly. In India, with regard to patentability of software, the software should necessarily have a technical application to the industry or be intrinsic too or "embedded" in hardware.
Law Office of Advocate Rahul Dev is an International law firm headquartered in India (Gurgaon) specializing in business law & technology law, & assists clients with business arrangements, & in structuring technology transactions including: Intellectual Property Protection (Patents, Trademarks, Copyrights, Designs), Formation of Companies, Technology Transfer, Business Acquisitions, Marketing of Proprietary Information, Competitive & Business… Continue reading Patent Attorney in India – Role of Patent Attorney in India – Patent Lawyer in India
Patent filing guide describing how to patent an idea or an invention and who can file a patent in India as an applicant and an inventor based of Indian patent laws.
Procedure for Grant of Patent in India, List of Patents Granted in India | List of Latest Patents Granted by Indian Patent Office in 2013 - 2014 | Patents | Designs | Trade Marks | Geographical Indications IP India| List of Granted Patents by Indian Patent Office