According to section 3(k) of Indian Patent Act “a mathematical or business method or a computer program per see or algorithms” are not inventions. A patent application having claims directed to mathematical equation cannot be claimed but if a device or system which works according to some mathematical equation should be a patentable invention. More specifically mathematical equations cannot be patented but if a device or apparatus or system works according to the new mathematical equation or implements the mathematical equation than that apparatus/device should be considered as patentable invention. A patent application having claims directed to business method cannot be claimed i.e if the language of the claim is directed towards claiming a method of online transaction on internet are not inventions, but if a apparatus or system implements a business method than that particular apparatus/system should be considered patentable invention. A patent application having claims directed to software program/algorithm having a bunch of computer instructions cannot be claimed as a invention but if a device/apparatus/system by implementing the software/algorithm is solving a technical problem in the industry than that particular device/apparatus/system is a patentable invention. For example computer readable mediums storing computer programs/data are patentable if the medium has constructional novelty i.e if the data is stored on a computer readable medium in such a way that the management of extraction of data becomes faster as compared to earlier state of art or technology than that particular computer readable medium along with the concerned apparatus for storing and retrieving information is a patentable invention.

Indian Patent System and Procedures
By: Muthu Senthil Kumar (mskumar86@myway.com)

Abstract:
This is the article describes about the Indian Patent System and Procedure in a brief manner. It is useful to the readers who want to know about the Indian Patent Law. If anybody wants to protect your invention in India, they can use this article to know some brief about the Indian Patent system and Procedures.

Indian Patent System:
Patent is a monopoly right given by the country for the invention of the people to the exclusion of all others of the particular country by some limited period. The Patent is valid only in that country which grants the Patent. There is no global Patent system is there in the world to protect your invention across world. But there were 123 countries participating in the Patent Cooperation Treaty (PCT) of the World Intellectual Property Organization (WIPO). India is a part that cooperation from December 7, 1998.

Indian Patent Law has governed by the act called Indian Patent Act, 1970 followed by the amendments 1998, 2002, 2003, 2005 and 2006. According to an Indian Patent Act (IPA), a Patentable invention is defined as “a new product or process involving an inventive step and capable of industrial application”. According to IPA, the non-Patentable inventions are,

• Inventions contrary to the Public
• Inventions relating to the atomic energy
• Invention contrary to well established National law
• The mere discovery of the scientific principle
• Discovery of any living and non-living substance of nature
• Duplication of known devices
• Mathematical and Management solutions
• Computer algorithms (covered by Copyright Act, 1957)
• A substance obtained by a mere admixture of the components
• A method of agriculture or horticulture
• Any process for the medicinal, surgical, curative, prophylactic other treatment of human beings and animals
• Plants and animals in whole or part thereof other than microorganisms
• Seeds and biological processes for production of plants and animals
• A literary dramatic, musical or artistic work including cinematographic work and television productions (covered by Copyright Act, 1957)
• Substances, which could be used as food or medicine or drug;
• Substances prepared or produced by chemical processes

Procedure for Obtaining Indian Patent:
An application for a Patent for an invention may be made by a person claiming to be the true and first inventor of the invention or his assignee, or by the legal representative of any deceased person who immediately before his death was entitled to make such an application. An employee invention can be Patented by his/her employer will be dependent on terms of contract between the employee and employer.

According to IPA 1970 (sec 4.4.3), A complete written or printed format of the invention is required to submit to the respective Patent offices of India. The form of application for grant of an Indian Patent asks for (i) full name, address, nationality of the applicant(s) and inventor(s), (ii) Patent specifications, and (iii) whether an application has been made or Patent granted in a PCT or a convention country, which affords to citizens of India, or applicants for Patents in India. The specification must contain the following:

• Title, sufficiently indicating the subject matter
• Relevant drawings
• Full and particular description of the invention
• Details of its operation or use and the method by which it is to be performed
• Disclosure of the best method of performing the invention
• Claims defining the scope of the invention substantiated by the disclosure
• Abstract providing technical information on the invention
• Declaration as to the inventorship of the invention.

Normally every Patent application is published after 18 months of filing the application and objections are invited. Once the complete specification is accepted, Controller notifies it to the applicant and also advertises it in the Official Gazette.

Any person interested in opposing the grant of Patent may give notice to the Controller of Patents for such opposition within 4 months from the date of advertisement of the acceptance on the grounds like:

• The invention was wrongfully obtained by the inventor/applicant;
• The invention, as claimed in any claim of the complete specification has been anticipated in a specification filed for another Patent earlier; or
• The invention as claimed in any claim was publicly known/used in India before the Priority date of the claim; or
• The subject of the Patent is not an invention, within the meaning of the Act; or
• The information furnished is false; or
• Geographical origin of biological material is not disclosed or falsely disclosed; or in the case of a convention application (an application filed in India following a Patent application for the same invention made in a convention country), the application was not made in the prescribed time. Convention country means a country notified as such by the Central Government

Where the application for a Patent along with complete specification has been accepted either without opposition or after the opposition, a Patent shall be granted if the applicant makes a request in the prescribed manner for a grant of Patent. The request has to be made within six months from the date of advertisement of the acceptance of the complete specification.

The official address of the Indian Patent offices are mentioned below
1) The Patent Office,
Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City, Kolkata-700091,
Phone: 23671945, 1946, 1987, FAX-033-2367-1988,
Email: – kolkata-patent@nic.in

2) The Patent Office,
Intellectual Property Office Building,
G.S.T. Road, Guindy, Chennai-600032,
Phone: 044-22502081-84 FAX: 044-22502066,
Email: chennai-patent@nic.in

3) The Patent Office,
Intellectual Property Office Building,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110075,
Phone: 011-28034304, 28034305, 28034306
FAX:011-28034301, 28034302
Email: delhi-patent@nic.in

4) The Patent Office
Boudhik Sampada Bhawan,
Near Antop Hill Post Office, S.M.Road,
Antop Hill, Mumbai – 400 037.
Phone: 24137701, 24141026, 24150381, 24148165, 24171457 FAX: 24130387
EMAIL: mumbai-patent@nic.in

For Patent e-filing https://ipindiaonline.gov.in/on_line
Keywords:
Indian Patent, Indian Patent system, Indian Patent law, Indian Patent office, Indian Patent procedures, Indian Patent Act, IPA, Indian Inventions

Indian Patent law gives exlusive rights for the one who owns any of the intellectual properties like copyright, trademark and patent etc. The patent law is different for different jurisdiction.Domain name disputes, Spam, identity thefts, and Commercial e-mails are very common on internet. There are internet lawyers who know the internet law who could help youin solving such disputes. Basically, Patent Law Firm in India helps inventors or organizations in applying for patents and helping clients to know about their patent rights. Therefore a law firm which focuses on patent related issues is called a patent law firm. A patent law firm would have patent attorney to help and advice their clients in getting patents. An industrial design would add commercial value to product. There are several design law firms which are aware of all the design laws.
Trademark registration protects the goodwill of a business and also helps to identify and distinguish the source of the services or goods of one party from those of others. Trademark registration is an evidence of ownership of the trademark and also constructive discern nationwide are issued of the trademark owner’s claim. Trademark registration in India can also be used as a foundation for obtaining registration in foreign countries. A law firm which focuses on specialties like trademark law and provides trademark services to their clients is called a trademark law firm in India. A design firm provides sevices like Web designing, Logo Designing etc. Different Countries have made laws to utilize and protect designs and encourage creation of design.
There are several Patent Law Firms India worldwide which practice patent law. A law firm which focuses on specialities like patent law and provides patent services to their clients in India & across the globe is called a patent law firm. There are seperate laws and procedures to file a Patent in India. A patent attorney can help you in filing a patent in India as he is aware of the patent laws in India. An Attorney in particular a Patent attorney would be the best person to advice and help you on how to safeguard your patent property because a Patent attorney would be aware of all the Patent property law. Intellectual property like patent, copyright, trademark can be considered as a property and these have certain property law.
There are many IPR law firms India around the world, which have specialization in the filed of IPR services. A law firm which focuses on specialities like IPR law and provides IPR services to their clients is called an IPR law firm. Trademark protection is given to names, designs, logos, and other marketing devices that are distinctive. Sometimes, these distinctive trademarks are referred to as “strong” trademarks also known as “inherently distinctive” marks. Trademarks may also become strong because they become well known to the public through their use over time. Trademarks that merely describe quality of the goods or that are based on someone’s name or a geographic term are generally considered to be weak and thus unpredictable under trademark law.

Indian Patent law gives exlusive rights for the one who owns any of the intellectual properties like copyright, trademark and patent etc. The patent law is different for different jurisdiction.Domain name disputes, Spam, identity thefts, and Commercial e-mails are very common on internet. There are internet lawyers who know the internet law who could help youin solving such disputes. Basically, patent law firm in india helps inventors or organizations in applying for patents and helping clients to know about their patent rights. Therefore a law firm which focuses on patent related issues is called a patent law firm. A patent law firm would have patent attorney to help and advice their clients in getting patents. An industrial design would add commercial value to product. There are several design law firms which are aware of all the design laws.
Trademark registration protects the goodwill of a business and also helps to identify and distinguish the source of the services or goods of one party from those of others. Trademark registration is an evidence of ownership of the trademark and also constructive discern nationwide are issued of the trademark owner’s claim. Trademark registration in India can also be used as a foundation for obtaining registration in foreign countries. A law firm which focuses on specialties like trademark law and provides trademark services to their clients is called a trademark law firm in India. A design firm provides sevices like Web designing, Logo Designing etc. Different Countries have made laws to utilize and protect designs and encourage creation of design.
There are several Patent Law Firms India worldwide which practice patent law. A law firm which focuses on specialities like patent law and provides patent services to their clients in India & across the globe is called a patent law firm. There are seperate laws and procedures to file a Patent in India. A patent attorney can help you in filing a patent in India as he is aware of the patent laws in India. An Attorney in particular a Patent attorney would be the best person to advice and help you on how to safeguard your patent property because a Patent attorney would be aware of all the Patent property law. Intellectual property like patent, copyright, trademark can be considered as a property and these have certain property law.
There are many Ipr Iaw Firms India around the world, which have specialization in the filed of IPR services. A law firm which focuses on specialities like IPR law and provides IPR services to their clients is called an IPR law firm. Trademark protection is given to names, designs, logos, and other marketing devices that are distinctive. Sometimes, these distinctive trademarks are referred to as “strong” trademarks also known as “inherently distinctive” marks. Trademarks may also become strong because they become well known to the public through their use over time. Trademarks that merely describe quality of the goods or that are based on someone’s name or a geographic term are generally considered to be weak and thus unpredictable under trademark law.

An application for a patent can be filed by the true and first inventor. The assignee or legal representative of the inventor can also file it. It can be filed individually or jointly. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.

An application can be filed directly at the Indian Patent Office or via the Patent Cooperation Treaty having a corresponding Indian application or in the form of a Conventional application. A patent application can be filed at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai and Mumbai.

Every application filed directly at Indian Patent Office shall be accompanied by a provisional or complete specification. In case of PCT or Convention application, applicant can file only the complete specification. Provisional applications are generally filed at a stage where some experimentation is required to perfect the invention. A complete specification has to be filed within 12 months extendable to 15 months from the date of filing of the provisional specification. If an application is filed with a complete specification, the Controller on request has the power to convert the complete specification into a provisional one. If a complete specification follows a provisional specification, the controller on request can post date the date of filing to the date of complete specification. Filing of a provisional specification allows the applicant to get an early application date.

Provisional Specification shall contain:

a) Title
b) Written Description
c) Drawings, if necessary
d) Sample or model if required

The complete specification shall contain:

a) Title
b) Abstract
c) Written Description
d) Drawings (where necessary)
e) Sample or Model (if required by the examiner)
f) Enablement and Best Mode
g) Claims
h) Deposit (Microorganisms)

a) Title
Title is generally a word or a phrase indicating the content of the invention.

b) Abstract
It is a short paragraph describing the invention in a precise manner.

c) Written Description
This is an important part of the specification. It contains the complete and elaborate description of the invention. Written Description generally starts with a background of the invention. It explains the invention clearly and comprehensively, with the help of examples, drawings and models, where and when required.

d) Drawings
The written description might be supplemented with clearly labeled drawings, where and when required.

e) Samples or Models
On initiative of the inventor or when required by the patent examiner samples or models might be submitted to the patent office. Such samples or models will provide a better understanding of the invention.

f) Enablement and Best Mode
The applicant has to enable his invention in order to allow a person with ordinary skill in the art to make and work the invention. He should not only enable, but also describe the best mode of carrying out the invention.

g) Claims
Claims define the metes and bounds of the invention. They are the most important elements in a specification.

h) Deposit
If an invention involves microorganisms, which cannot be described by writing, a sample of the microorganism has to be deposited at an internationally recognized depository. There is an internationally recognized depository at Chandigarh, in India

A provisional specification cannot be filed if an application has been filed in a foreign country, before the Indian filing, and if the application is a PCT application. A complete specification has to be filed within twelve months of filing the provisional specification. Each specification should contain only one invention. If there is more than one invention in a specification, separate applications have to be filed for each invention. If an Indian application has corresponding foreign applications, the applicant has to keep the Controller informed of the status of the foreign applications.

The following documents have to be submitted at the time of filing a patent application:

a. Form 1 – Application for the grant of patent
b. Form 2 – Provisional or Complete Specification
c. Form 3 – Statement and undertaking by the applicant
d. Form 5 – Declaration as to Inventorship
e. Form 26 – Authorization of patent agent or any other person.