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HOW TO FILE A PATENT

Patent filing in India is a tedious task. Let us summarize the process with the help of flow chart.

STEP 1: FILING OF PATENT APPLICATION


Documents regarding patents can be filed either online or at the jurisdiction of respective patent
office: Mumbai, Delhi, Chennai and Kolkata.
Physical Filing (at counter of jurisdictional patent office)
a) Application for the grant of Patent in Form 1 in duplicate [section 54, section 135 &
section 7 and Rule 20(1)]
b) Complete/Provisional specification as in Form 2 in duplicate [Section 10, Rule 13]
comprising
Drawings
Abstract
Description Description
Claims
c) Covering indicating the documents list.
d) Undertaking and Statement as in Form 3 in duplicate [Section 8, Rule 12]
e) Requisite Statutory fees (DD/ Cheque).
f) Power of Attorney (original) as in Form 26 (in case an agent for the patent is assigned)
(Rule 3.3 (a)(ii))
g) Inventorship Declaration (duplicate) as in Form 5 (applicable only in those cases
where applicant and inventor(s) are different) (Rule 4.17)
h) Form 28 (applicable in those cases where the applicant is a small entity) (Rule 2 &
Rule 7)
i) Certified true copy of the Priority document (applicable, in case priorities are claimed)
Table 1 Regional Patent Offices and their Jurisdiction areas
Office

Territory under jurisdiction

Patent Office Branch,


New Delhi

The States of Punjab, Himachal Pradesh, Haryana, Rajasthan,


Jammu & Kashmir and Uttar Pradesh, Delhi and Chandigarh

Patent Office Branch,


Mumbai

States of Goa, Gujarat, Maharashtra and Madhya Pradesh, Dadar &


Nagar Haveli and Daman & Diu

Patent Office Branch,


Kolkata

West Bengal and rest of the parts of India.

Patent Office Branch,


Chennai

States of Tamil Nadu, Kerala, Andhra Pradesh and Karnataka,


Pondicherry, Aminidivi, Minicoy and Laccadive
Islands
Table 2 Statutory fees for Physical Filing

Particulars

Natural
Person

Large
Entity

Small Entity

For filing patent application

1, 760

8, 800

4, 400

For each claim in excess of 10

352

1, 760

880

For each sheet of specification


in excess of 30

176

880

440

All quantities are in Indian National Rupee


Online Filing of Patent Application [using the e-filing portal of Patent Office]
Pre-requirements
1.
2.
3.

Applicant/ Inventor must have a login ID & password


A valid Net Banking facility /Debit/Credit/ for transaction
Applicant/ Inventor must have a Digital Signature (in accordance to Class III) issued
from e-mudhra or Safe Script or Code Solutions
Process of e-Filing

a)
b)

Generation of Form 1 through portal with field specific information to be given by filer
Complete/Provisional Specification as in Form 2 comprising
Claims
Abstract
Description
Drawings
c) Inventorship Declaration as in Form 5
d) Power of Attorney (original) as in Form 26 (in case an agent for the patent is assigned).
The original copy must be submitted before Indian Patent Office

e)
f)
g)
h)
i)

Undertaking and Statement as in Form 3


Figure of Abstract
In case the applicant is a small entity, Form 28 is required
Requisite Statutory fees (through online payment gateway)
Certified true copy of the Priority document (applicable, in case priorities are claimed).
The document must be submitted within 6 months of filing the application
j) Priority Details
k) Documentary proof to prove the small entity status (if applicable)

Table 3 Statutory fees for Online Filing


Particulars

Natural
Person

Large
Entity

Small Entity

For filing patent application

1, 600

8, 000

4, 000

For each claim in excess of 10

320

1, 600

800

For each sheet of specification


in excess of 30

160

800

400

All quantities are in Indian National Rupee


STEP 2: PUBLICATION
An application of a patent will be published in the official journal automatically after expiry of
18 months from filing date or priority date of the application containing abstract, title,
application number and name of applicant(s)/inventor(s) (Rule 24)
Request for early publication: In order to speed up the patent grant process, a request for
publication under Section 11(A)(2) can be made in Form 9 any time after application filing. The
application will be published in one month from the date of such request (Rule 22A)
Table 4 Statutory fees for Publication
Particulars

Natural
Person

Large
Entity

Small Entity

E-Filing

2500

12500

6250

Physical Filing

2750

13750

6875

All quantities are in Indian National Rupe


STEP 3: OPPOSITION (IF APPLICABLE)

Opposition prior to Grant


As per Section 25(1), upon publication but before the patent grant, any person, based on different
grounds may file an opposition, in writing, represent by way of opposition to the Controller
against the patent grant. But in such a case, the opposition will be taken by the patent office only
after the filing of Examination request.
The opposition may be filed with 3 months from the date of application publication or before the
grant of patent, whichever is later as per Section 25(1) Rule 55(1)
There is no statutory fee required for a pre Grant opposition.
To file an opposition, the content is given according to Rule 55(1) along with Form 7A which
comprises the following particulars:
Evidence related to opposition (if any)
Hearing request (optional)
Statement related to opposition
Procedure
a) Such representations shall be considered by the controller only when an examination
request has been filed.
b) The representation shall be forwarded to the applicant by the controller.
c) In support of his application, the applicant shall file his statement and evidence within
three months from the date of notice of filing the representation.
d) The request can be made to the Controller by either party to give them a chance to be
heard.
After hearing both the parties and after considering the representation of the opponent and the
response of the applicant and their supporting evidences, the Controller can either reject the
representation and grant the patent or accept the representation and refuse the grant of the patent.
The process is completed ordinarily within one month from the completion of above
proceedings. (Rule 55(6))
An appeal can be filed by the applicant against the decision of the Controller before the
Intellectual Property Appellate Board.
Opposition post Grant
As per Section 25(2), any interested person may file an opposition in Form 7 to the Controller
against the grant of a patent, based on different grounds. This opposition can be filed within one
year after the grant of the patent. The content and particulars regarding the opposition are as
follows:
Written Statement (in duplicate) stating the nature of interest (Rule 57)
Opposition Notice (Rule 55A) shall be in Form 7
Hearing Request
Evidences regarding Opposition

Statutory fees
Table 5 Statutory fees for Post Grant Opposition
Particulars

Natural
Person

Large
Entity

Small Entity

E-Filing

2400

6000

12000

Physical Filing

2640

6600

13200

All quantities are in Indian National Rupee


Process
a) The Controller shall be, by order, constituting an Opposition Board consisting of three
members and nominating one of the members as the Chairman of the Board, on receipt of
the opposition notice.
b) The Applicant will be provided with the copy of evidence and statement together with the
Opposition notice.
c) If the applicant wants to contest the opposition, he shall be leaving a Reply Statement
stating fully the grounds upon which the opposition is claimed, within a period of two
months from the receipt date of the statements copy and opponents evidence
d) Within 3 months from the date of receipt of copy of applicants reply. The opponent may
leave evidence strictly confining to matter in the applicants reply and can deliver a copy
of such evidence to applicant.
e) The Opposition board will hold an opposition notices examination and submit a report
with reasons on each ground considered with joint recommendation within 3 months
from the date on which the document was forwarded.
Hearing
a) A date and time may be fixed by the Controller to hear the opposition according
to rule and inform parties and member of opposition Board [Rule 62] .
b) He shall inform the Controller by a notice along with prescribed fee upon the notice
receipt of hearing either party desirous to be heard
c) In case applicant notifies Controller that he doesnt desire to proceed with application after
opposition notice is given, the Controller, will decide whether costs should be awarded to
the opponent [Rule 63].
After hearing the parties desirous of being heard and taking into consideration the
recommendation of opposition board, the controller shall take a call on the opposition and will
notify his decision to the parties giving reasons.

Appeal
An applicant can go for appeal against the Controllers decision. Such appeal will be filed
before the Intellectual Property Appellate Board (IPAB).
STEP 4: EXAMINATION REQUEST
No Request, No Grant
Form 18 has to be produced within period of 48 months from date of filing or priority,
whichever is earlier [section 11B; rules 20(4)(ii) and 24B(1)(i)] (in duplicate when filed in
physical copy)
Table 6 Statutory fees for Examination Request
Particulars

Natural
Person

Large
Entity

Small Entity

E-Filing

4000

20000

10000

Physical Filing

4400

22000

11000

All quantities are in Indian National Rupee


Express Request
Under rule 20(4)(ii), this request can only be made for National Phase Applications
Table 7 Statutory fees for Express Request
Particulars

Natural
Person

Large
Entity

Small Entity

E-Filing

5600

28000

14000

Physical Filing

6160

30800

15400

All quantities are in Indian National Rupee

STEP 5: FIRST EXAMINATION REPORT (FER)


As per Section 12 Rule 24B(3), After proper examination of patent application on the
novelty criteria, industrial application and inventiveness, the Patent Examiner will issue and

send the First Examination Report (FER) along with the application and specification to the
applicant.
STEP 6: AMENDMENT TO OBJECTIONS BY THE APPLICANT
To file a response and overcome the objections raised by the examiner, the issued FER gives an
opportunity to the applicant. As per Rule 24 B (4) (iii), the report should be filed within 12
months from the date on which FER has been issued to the applicant. As per Section 15&16,
In case of the unjustified response, the Controller has power to deny the patent grant/ amend
claim(s) or make order for the division of application.
STEP 7: GRANT OF PATENT
The Controller shall grant the application upon satisfactory response by the applicant to
overcome all objections raised under FER. Upon the patent grant, the application will be
assigned a serial number in the series of numbers accorded to the patents under Indian Patents
Act, 1970.
STEP 8: RENEWAL FEES
a) To keep an existing patent in continuance, the renewal fees shall be payable at the end
of the second year from the patent date or of any succeeding year and this fees shall be
remitted to the patent office before the end of the second or the succeeding year.
b) While paying the renewal fees, the serial number and date of the patent concerned and the
year for which the fee is getting paid shall be quoted. This fees payable in respect of two
or more years can be paid in advance.
Table 8 Statutory Renewal Fees (mode is online)
Particulars
ND
Before expiration of 2
year from the date of
RD
patent in respect of 3 TH
6
year [per year]TH
Before expiration of 6
year from the date of patent
TH
TH
in respect of 7
10
year [per year]

Natural
person
500

Large
Entity
4, 000

Small
Entity
2,000

2, 400

12, 000

6,000

TH
Before expiration of 10
year from the date of
TH
patent in respect of 11
TH
-15
year [per year]

4, 800

24, 000

TH
8,000
40, 000
Before expiration of 15
year from the date of
TH
patent in respect of 16
TH
-20
year
All quantities are in Indian National Rupee

12,000

20,000

10 percent surcharge is applicable in each case of physical filing.


Table 9 Statutory Renewal fees (paid per month)
Particulars
E-Filing (per month)
Physical Filing (per month)

Natural
Person
480

Large
Entity
1200

528

1320

Small Entity
2400
2640

All quantities are in Indian National Rupee

Plant patent
Plant patent represents a kind of patent issued against identification and characterization of
asexually reproducing plant strains of economical and sociological importance.
While plant patent allows applying for a patent of asexually/ vegetatively propagating plant
strain, any mutant forms, hybrids, newly characterized seedlings etc., it impedes in registering
proprietorships for sexually reproducing, tuber propagated and uncultivable wild type plants. By
biological definition, an asexually reproducing plant can be described as a plant growing through
its vegetative parts in ways like layering, budding, grafting, and inarching etc. but not through
seeds. The sexually reproducing plants, on the other hand, multiply by pollination and
subsequent embryogenesis from monochot or dichot seeds. The tuber growing plants are like
potatoes which can grow from branching of subcutaneous parts of plants like root or
underground stem.
Again availability of lodging a plant patent has limitations in many countries. Still some
countries like USA, India accepts plant patents under the policies and rules laid by the United
States Patent and Trademark Office (USPTO).
Criteria for a Fundamental Patent:

1. Plant patent is pertinent for two decades and enables the inventor to prevent others from
exploring the concerned plant in terms of commercial and scientific view points.
2. In plant patents the set(s) of wild type or altered/ modified genetic configurations
accountable for the genotype and phenotype (i.e. properties for the plant) has to be
disclosed properly and in detail.
3. Mutants and hybrids, in either form of spontaneous or induced, can be natural or
artificially crafted, but must be asexually cultivable under all circumstances.
4. Plant patent only holds good for any of the living thing belonging to plant kingdom (of
biological definition) and not for anything belonging or related to animal phyla or protist
(like bacteria, archaea).
It is interesting to note the difference between the Plant patent and Plant variety protection
Act. While the former deals with the newly identified or genetically modified crops, seeds
and/or genes that are associated with truly asexually propagating plants, the later monitors the
matters related to actual breeding plants (sexually or tuber-propagated) or their varieties.
However, both of them protect the proprietorship in terms of legal and intellectual aspects.
The claim of inventor-ship in plant patent has relaxations in considering more than one inventor.
Regardless of being solo or in a group, any individual who has contributed in identification
and/or characterization (like the asexual breeding property) of the investigated plant can be
virtually a claimant or proprietorship as inventor or co-inventor. In any case, commercial custom
propagating services and biotechnology enterprises remain ineligible and cannot file a plant
patent application unless they represent one or more individuals as the legal patent holder.
The first plant patent in USA under the vigilance of UPSTO was recorded way back in 1931 A.D
by Henry Bosenberg for the Ever-Blooming Rose. This was the first event introducing the
concept that plant could also be discovered and legally authorized when the plant is identified
and remarked in cultivable area (and strictly not in wild natural/ uncultivable areas) with also a
disclaimer about its asexual reproducibility.
For plant related issues, another patent termed Utility patent for plants exist. This patent is
issued under the basic ground of plant products and elements obtainable from both sexually and
asexually reproducing plants. This patent holds true for biological elemental things like modified
genes (DNA), RNA, proteins, excretory materials (like latex) etc. while also retaining the
characteristics of novel utility and non-obviousness. Though not mandatory, materials
concerning this kind of patent are required to be submitted to a national repository for not only
proper evaluation of the claims but also for the future availability of the materials. Under this
patent, the buyer/ consumer/ explorer cannot manufacture the elements but retains the rights to
transfer or sell the elements to some downstream user.
The goal of plant patent or plant related patents was to secure the legal and intellectual rights of
the inventor for the invention. This is also to correlate the profits and benefits to the inventors,
while also discouraging the competitors from unethical usage, modification and exploration.

Nonetheless, a plant patent is sellable and transferable to a third party when it is abide by the
legal rules and regulations and in consent with all associated parties/ authorities/ institutions.
Though a plant patent is valid for 20 years and renewable thereafter with terms and conditions,
the scientific notions and commercial dimensions of the patent become available in public
domain within 18 months for review. Its advised and equally customary to apply for a
combination of plant patent and utility patent/ design patent so as to protect the entire copyright
of the invention. The copyright remains with the inventor(s) for 100 years and the trademark, if
acquired, stays forever. For plant patent accepted after 1995 A.D in USA, the patentability time
was reduced to 17 years in sake of allowance for better research of the previous invention.
Similarly, the design patent time was limited to 14 years.
The process involving plant patent is less complicated and requires filling a single application
with comprehensive specifications on origin, botanical criteria, all essential characteristics
(genetic, appearance, modifications etc.) and photographs (if applicable). Its recommended that
all inventors claiming the patent should deploy a registered patent attorney or agent for
representing them. However, Pro Se applications are equally welcome by law. Plant patents are
urged to be under notice of the concerned authority within one year of the invention and before
its public intimation in forms of publication and advertisement. Like all other patents, plant
patent is also subjected to fees, which may vary in different countries. From applying to
receiving the plant patent remains in the category of PPAF (Plant Patent Applied For) which also
gives the right to prosecute and limit the usage of the material within groups of wholesale
grower, retailer and breeder.
Plant patent has limited protection when regarding overseas usage and applications. While
USPTO provided plant patents are accepted as unanimous patent across the world, some
countries like Canada does not provide plant patent and only bestows certain rights, like plant
breeding right, plant regeneration right etc. to keep the boundaries and avenues open.

UTILITY PATENTS
According to The Agreement on Trade Related Aspects of Intellectual Property Rights
("TRIPS"), to qualify as a patent, threefold criterion of novelty, inventive step and nonobviousness must be satisfied.
Utility Patents are relatively Intellectual Property Rights granted for inventions that do not
qualify the threefold criteria of patentability, but still are inventions in their own consideration.
The criteria being talked about are inventive step, or non-obviousness. It allows the inventor to
prevent others from commercially using the protected invention, without his consent and
permission, for a shorter period of time as compared to patents, say around 10 years.

The prime objective behind patent law is to encourage and promote innovation and development
by granting protection rights to the creator for a limited time. It provides an incentive for the
creating something new even if not of the extent of being patentable.
There are many advantages of the utility patent system.

Utility model can be granted by following a much easier process rather than of a tedious
process for a regular patent. It does not require going through a lengthy process of
examination. Also it is granted for a shorter period of time without the possibility of a
renewal or getting extended.

In India, there is a delay in granting a patent which eventually shortens the term of the
patent. The term of validity of a patent is calculated from the date of filing of application.
A utility model law would effectively shorten this period and would also provide a more
rapid protection for innovations.

Utility patents would ultimately lead to development and progress of the nation. Smaller
units like SMEs and MSMEs would also be promoted and encouraged to perform and
undertake research and development of incremental innovations which may be less
capital-intensive because of the less stringent qualifications of non-obviousness and
inventiveness.

Nonetheless, the system has some disadvantages too. The analysis of the drawbacks will help us
to identify the areas were extra safeguards need to be employed.

The protection period for such innovations should be short as prolonged monopoly over
such utility patents would negate the very purpose and concept of this model for SMEs
and MSMEs.

The model should aim at supplementing the patent system and not erode it. The motive
behind the Intellectual Property Rights should not be diluted by introducing a lenient
system.

The system should not impede the way of innovation by providing an easy protection for
incremental inventions. It should facilitate the idea of free flow of innovation and
creativity in the nation.

In context of India, the country is growing at a faster rate and is hence witnessing developments
in all the fields. So much so that India is now a research hub of many multi-national companies.
However, the country still lags behind in patent filings.

The Indian Patents Act, 1970, follows the TRIPS provision, providing the same criterion for a
product or process to qualify as patent. But India till date does not recognize utility patent.
However, it has been included in the first draft of the National IPR policy submitted by the
Think Tank. It is a welcoming move. If implemented successfully, this system would effectively
encourage innovation and facilitate development in the country.
The first draft of the National IPR Policy says that in a country like India, there are innumerable
inventions that may fall into the category of Intellectual Property but not fulfil the stringent
criteria of patentability. Nevertheless, they are novel, utilitarian and inventive in their own
spheres. Such inventions are already given recognition and protection under 'utility model law' in
many countries but no such provision is available in India. This has adverse affects on a large
number of small and medium inventors who fail to protect their inventions by IPRs. To quote
some examples, it includes Micro, Small and Medium Enterprises (MSMEs) and the
unorganized/informal sectors. In India, MSMEs hold for about 45% of manufacturing output, but
their potential IP assets are recognized only in a limited, often informal, manner. Existence of a
new law on Utility Model is felt to derive the full benefits out of such inventions.
The policy clearly motivates Indian Government to facilitate creation, designing and protection
of 'small inventions' through a new law on utility models. Also specific laws must be designed
and enacted to address national needs. It will help reduce gaps in the protective regime of IPRs
such as Utility Models to keep up with advancements and developments in the field of
technology.
Their role in growth of the country and the position of Small and Medium Enterprises (SMEs)
and MSMEs is uncontested in a developing country like India. They account for about 44 % of
the gross value of industrial production. Adding to it, they provide employment to around 60
million people. Without a doubt, Indian economy largely depends on the inputs of these SMEs
and MSMEs. Hence, they require a protection for their inventions which does not demand for
strict examination and qualification requirements. In light of this, utility model would be the
perfect solution for them. The rights granted under the utility model are quite similar to those
given by the patent but are more considerable for using the term 'incremental inventions'. They
require lesser formality checks and lasts for a shorter period of time. These models are
considered to be more suitable for such inventions that are making the 'minor but significant'
improvements in the existing inventions. Only when these incremental inventions are recognised
under utility model in India, it can be expected that number of inventions and their due
protection will be more in India.

DESIGN PATENTS

INTRODUCTION
Industrial Design is a protection provided by law for any work of creativity that enhances the
ornamental or formal appearance of any item or product.
Industrial Design is also known as Patent Design. It is protected in India under the Designs Act,
2000. Since India is member of Paris Convention for Protection of Industrial Property, 1883,
Patent Design from any member country is protected under the Indian Designs Act, 2000 as any
Indian design is. The same applies for any Indian industrial design in other member nations of
Paris Convention for Protection of Industrial Property, 1883.

SOME IMPORTANT TERMS DEFINED IN ACT


Design Act defines following items:
Articles as any manufactured or created item which can artificial, partly artificial or partly
natural. It covers any part of article that can be sold separately.
Design as features of two dimensional or three dimensional or in both , with a distinct shape,
pattern, ornament, configuration or combination of lines or colours applied to any article whether
in through a mechanical, manual or both means which can be judged solely by the eye. It should
not include any trade mark as defined in section 2 sub-section (1) clause (v) of the Trade and
Merchandise Marks Act, 1958 or property mark as defined in IPC section 479 or any artistic
work as defined in Section 2 Clause (c) of the Copyright Act, 1957.
Copyright stands for the exclusive right to apply a design to any article in any class in which
the design is registered;
In India, it is necessary to register the design first in India for claims and enforcement rights as
provided by Designs Act 2000. For any foreign Industrial Design, it should be registered in
convention country and then should apply for registration in India within 6 months applying in
the foreign country.
REGISTRATION
Functionality aspects of design are not covered under Design Act, 2000 and are not registrable. It
is limited to any two dimensional or three dimensional features of shape, pattern, configuration,
ornament or combination of colors or lines.
These are some more conditions that may make a design invalid for getting registered.
These conditions may also lead to cancellation of the registration and can also be used as
a defense in an infringement proceeding.

If the design is not original or new

If the design has been revealed to public whether in India or any other country by
reproduction of same in a tangible form or by usage before priority date of the application

If it cannot be differentiated from any previously known designs

If its content is obscene or inappropriate

If any foreign entity wants to protect any Industrial Design in India then it should file an
application for registering the same within six months from date of corresponding filing
of application in home country.

DURATION OF PROTECTION OF DESIGN


Initially, the proprietor of a registered design is given protection for 10 years. He has full right to
sell, import or manufacture the items and also sue any infringer. These 10 years can be extended
further by 5 years on payment of a renewal fee. The maximum period of validity for registering a
design under Indian Designs Act, 2000 can be 15 years. Lapsed designs can also restored or
expired registrations is also permitted under Indian Designs Act, 2000
M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI) rep. by its Managing
Director, Apollo Hospitals
The plaintiff along with Professor Mayilvahanan Natarajan (co-patentee) had invented various
prosthetics for limb salvage surgery. It was made of titanium and stainless steel. It was named as
Custom Mega Prosthesis (CMP). It could be used to replace elbow, wrist, shoulder, hip, knee,
ankle, etc. The plaintiff obtained patent and design registrations for 15 kinds of Custom Mega
Prosthesis. There were very novel features in this design and was quite up to mark.
The plaintiff supplied these prosthetics to the third and fourth defendants. From a newspaper
article and on finding the research project of a potential employee, the plaintiff suspected that the
defendants are infringing the patent and hence filed a suit for infringement.
This case was basically for only one patent and design- Distal Femoral Prosthesis with Thrust
Bearing Polymer Pad & Rotating Axis Mechanism (patent No. 196333, which corresponds to
the design No. 191946)
After considering the validity of the plaintiffs patent, the checked infringement and compared
the defendant products features with that of the plaintiffs product. The defendants showed
several dissimilarities between the two products and the court delayered that there was no
infringement. It was also found that the plaintiff couldnt produce any evidence of actual

infringement and it was only able to establish his suspicion that the defendant might be
infringing his patent. The court observed:
The exact reason why the defendants set up the plea of obviousness on the ground that these
developments were to be known or at least expected in prior art, for individuals skilled in the art.
But I rejected the argument with the intention to give the benefits of the innovation to the
plaintiff. Therefore, as a corollary, the defendants are entitled to the benefits of the
dissimilarities that exist between their prosthesis and the plaintiffs prosthesis.

Conclusion
A patent provides the owner protection rights to stop others from exploiting his patented
technology. This process helps the patent owner to get a fair amount as royalty for the use of
technology. Patents provide a wide range of value to their owners, some of which may be more
applicable to one business or another. First, patents provide freedom of movement in the
companys field. For companies, this is very valuable, especially in the field competition is high
and competitors are many. Patent filing is vital in order to protect the invention from copy. This
early mover position assures the organizations of assurance for their inventions. Indeed, the
sooner patents are applied for, the better the chance that someone else will not be first.
The various steps involved in filing a patent have been thoroughly discussed ranging from filing
of patent application, publication, opposition to grant of patent. The monetary costs involved in
filing and renewal of patent have also been detailed.
The basics of plant patent, the kind of plants the plant patent is awarded is discussed in detail.
The process involving plant patent is less complicated and requires filling a single application
with comprehensive specifications on origin.
Utility Patents are relatively Intellectual Property Rights granted for inventions that do not
qualify the threefold criteria of patentability, but still are inventions in their own consideration. .
It allows the inventor to prevent others from using his/her protected invention, without his
consent and permission, for a shorter period of time as compared to patents, say around 10 years.
Industrial Design is protected by provision of law for any work of creativity that enhances the
ornamental or formal appearance of any item or product. It is protected in India under the
Designs Act, 2000. Registration, duration and other details about the act are mentioned.