Utility Patent / Invention Patent
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The India patent system is based on the Indian Patent Act of 1970. Section 3 and Section 4 of the Act, which determines patentable and non-patentable inventions, is more stringent than patent laws of many countries. This is why many inventions that are granted in other countries are opposed or revoked in India, especially when it comes to life sciences patents. Patent applications in India can be filed by an India patent attorney or an India patent agent (called patent facilitators in India).
Based in Kolkata, the India Patent Office is under the administration of Controller General of Patents, Designs, & Trade Marks (CGPDTM), which is located in Mumbai. The office has 526 Patent Examiners, who are mandated to abide by the Patent’s Act and report to Controllers, who decide on the status of their reports. An India invention patent is valid for 20 years. The 20-year period starts from the application filing date for regular India patent applications, and the filing date for Patent Cooperation Treaty (PCT) applications. The rights of applicants are limited to the territory of India. To file an application outside the territory, the applicant must apply according to the laws of that country or territory, or submit a PCT application. In 2017, the patent office received over 47,854 applications, according to a European Patent Office (EPO) publication.
Besides submitting their India patent applications in person, applicants can also use the e-filing system introduced by the patents office for filing patents and trademarks. In fact, the office is going through a modernization process with the target of achieving greater efficiency. In 2017/2018, the top technical fields where applications were filed included mechanical (24%), computer and electronics (13%), and chemical (13%), according to the EPO.
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