1. What is a patent? 

A Patent is an exclusive monopoly rights granted by the Government of India to an applicant for his invention for manufacturing and selling the item and to restrict others from manufacturing and selling his patented item.

2. What is an invention?

An invention is a 
· new product and process involving inventive step,
· capable of industrial application.

3. Who can apply for a patent?

An application for obtaining a patent can be made by any inventor. An inventor is the person who holds the rightful ownership in the invention due to fact that he invented the same.

4. Who else can file a patent application?

A third party can also make a patent application if the rightful owner has assigned the invention to him. On the death of the inventor, the legal representative of the inventor can make the patent application provided he was authorized to do so prior to the death of an inventor.

5. Why one should file a patent application?

A patent application should be filed to protect and enjoy the exclusive monopoly rights granted by the Govt of India to the applicant to manufacture and sell his invented item/product. Also to enforce the monopoly rights against the infringer the certificate of patent is required.

6. What is not patentable invention?

The following are outside the purview of being granted a patent
1. An invention contrary to laws of nature like gravitational force etc.
2. An invention contrary to laws of public health and morality like toxic drugs
3. Mere discovery of scientific principles or abstract theories
4. Mere discovery of any new property or new use for known substance or mere use of a known process or machine
5. Substance obtained by mere ad mixture- no new product
6. Mere arrangement or rearrangement of the known devices working independently
7. A method of testing the quality during manufacturing of a device or a process
8 A method for agriculture and horticulture
9. Methods of treatment oh human beings, plants or animals
10.An invention relating to Atomic Energy

7. What are the types of patents?

Patents may be divided into two parts 

(i) product patents (Mechanical items or synergistic composition) and 
(ii) process patents. 

A product patent provides an inventor the monopoly rights for restricting others from manufacturing or producing the same product by any means. 
A process patent provides an inventor the monopoly rights to restrict others from manufacturing the product by the same process for which he has got a patent.

8. How does India deal with product and process patents?

The Indian patent law provides protection for products like devices or apparatus or synergistic compositions and for process relating to drugs, food and chemical substances

9. What is the procedure for filing a patent application?

An application for filing a patent must be in prescribed forms (form-1, form-2, form-3 etc.) and as per the provisions of the patent rules.

An application for a patent can be field either with provisional or with complete specification (form 2). Also attached should be in an undertaking under section 8 and rule 13 (form 3). 

10. What should an application form contain?

The application form should contain
i. Name, addressee and nationality of the applicant
ii. Title of the invention
iii. State if it is filed with complete or provisional application
iv. The proof of assignment if any
v. A statement certifying that the applicant is in possession of the invention and is the true and first inventor
vi. The date and signature of the inventor by a patent specification

11. What is patent specification?

A patent specification discloses the details of the invention for which the patent protection is sought. The legal rights in a patent are based on the disclosures made in the specification. Specifications are of two kinds:

a. Provisional Specification
b. Complete Specification

12. What constitutes a provisional specification?

A provisional specification is a document, which contains the description regarding the nature of an invention. The description however does not contain 


the details regarding the invention. Also it does not contain the claims. The provisional specification is filed to claim the priority date of an invention. The complete after provisional is filed within 12 months or 15 months from the date of filing the provisional specification.

13.What is the advantage of a provisional specification?

The advantages of a provisional specification is that It can be filed as soon as the patent is conceived and for the recorded of priority date. But the application will only be examined after the complete specification has been filed. As complete specification can be filed within 12 months after the provisional, the life of patent is increased by 12 months

14. What is a complete specification?

The document, which contains the detailed description of invention along with the drawings and claims. Also the description regarding prior art is included in the complete specification.

15. What is the date of priority?

The date of priority is the date on which the application with provisional/complete specification is filed.

16. What is the date of a patent?

The date on which the complete specification is filed is called the date of patent

17. What is the term (life) of a patent?

The term of the patent is 20 years from the date of patent.

18. What is the cost of filing?

A Patent is an exclusive monopoly rights granted by the Government of India to an applicant for his invention for manufacturing and selling the item and to restrict others from manufacturing and selling his patented item.

19. What is the procedure for grant of a patent?

Initially, a patent examiner examines the patent applications and then communicates the objections, if any, to the applicant via the first examination report. The applicant then has a grace period of 15 months to answer the objections and comply with the requirements. If the applicant does not comply with the objection, the application is abandoned. If the applicants comply with, the objections, then the patent office sends a notice of acceptance to the applicant that the claims have been accepted for publication in the official gazette. Claims are then published in the gazette of India and the specification is opened to the public. The public can oppose the grant of the patent within four months from the date of publication or five months with an extension of one month.

20. What is an opposition?

An opposition is a process by which any party can oppose or resist the registration or grant of a patent. The proceedings are presided over by the Controller of Patents. If the opposing party is able to prove his opposition the patent is rejected. If the applicant is able to prove that the opposition is frivolous then the opposition will be rejected.

21. On what grounds can the grant of a patent is opposed?

The following can be the grounds of opposition: 

· Wrongful obtaining a patent by the applicant
· Prior publication in India or elsewhere
· Prior claim in concurrent application
· Prior public use or public knowledge in India
· Obviousness and lack of inventive step
· Invention not patentable under the Act.
· Insufficient description of the invention
· Failure to disclose information regarding foreign application
· Not filed within one year, if it is a convention application

22. What is a PCT and how is a PCT application initiated?

PCT abbreviated, as the Patent Cooperation Treaty is an International treaty provided for international protection of a patent in the designated countries. A PCT application in addition to provide International Protection also provides an international filing date to paten through a single application. India is a member country to PCT.

An application for the grants of a patent under the PCT can be filed by the applicant, for the protection of IPR through a single application in the countries of his interest, either at the national office or at the office of international Bureau (WIPO) Washington

23. What are the other laws in force under which the IPR can be protected in general?

Intellectual Property Rights generally can be protected under the following Acts. 

1. Designs Act
2. Trade & Merchandise Marks Act and,
3. Copyright Act