MEMBERSHIP OF INTERNATIONAL TREATIES

India is member of the following treaties governing patents:

• Convention establishing World Intellectual Property Organization (WIPO)

• Trips Agreement under the World Trade Organization.

• Paris Convention for the protection of Industrial Property with effect from Dec. 7, 1998.

• Patent Cooperation Treaty (PCT) with effective from Dec. 7, 1998.

TYPES OF PATENTS

• Ordinary Patent

• Patents of addition

• Convention

WHO CAN APPLY

Application may be made, either alone or jointly with another, by the inventor, assignee, legal representative of deceased inventor or assignee. The inventor is entitled to be mentioned in the patent if he applies to do so.

Application may be made jointly by two or more corporations as assignees.

PATENTABLE INVENTIONS

An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention.

WHAT IS NOT PATENTABLE

(1) An invention that is frivolous or that claims anything obviously contrary to well-established natural laws;

(2) An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;

(3) The mere discovery of a scientific principle or the formulation of an abstract theory;

(4) The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

(5) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

(6) The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way;

(7) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient, or for the improvement or restoration of the existing machine, apparatus or other equipment, or for the improvement or control of manufacture;

(8) A method of agriculture or horticulture;

(9) Inventions relating to atomic energy.

In the case of inventions relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) & substances intended for use or capable of being used as food. No patent will be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture will be patented.

APPROPRIATE OFFICE FOR FILING AN APPLICATION

Application is required to be filed according to the territorial limits where the applicant or the first mentioned applicant in case of joint applicants for a patent normally resides or has domicile or has a place of business or the place from where the invention actually originated .If the applicant for the patent or party in a proceeding having no business, place or domicile in India., the appropriate office will be according to the address of service in India given by the applicant or party in a proceeding.