University of Lucknow

Topic: Procedure for Grant of Patent

Intellectual Property Law

Submitted to: Sanjana Mittal

Assistant Professor, Faculty of Law

University of Lucknow

Submitted by: Suneel Kumar Patel

Roll No; 180013015081

Sem VII, Sec, A

LL.B. (Hons.)

Faculty of Law, University of Lucknow

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 Table of Contents

1) Procedure for grant of patent

2) Who can file Application for patent
3) Application For patent of addition
4) Filling and Contents of the Application
5) Provisional Specification and Complete Specification
6) Processing and publication of patent application
7) Examination of application
8) Opposition of Patent
9) Grant of Patent
10) Rights Conferred on the Grant of patent
11) Register of patents
12) Surrender and Revocation of patents
13) Conclusion
14) Bibliography

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 PROCEDURE FOR GRANT OF PATENTS

Patents are granted after a series of formal procedures. Grant of patent encourages
transfer of an invention from the world of science and technology to the world of
commerce. It is journey for the innovation from laboratory to the industry with its
credential been authenticated by patent. The first step in securing a patent is the
filing of a patent application.

WHO CAN FILE APPLICATION FOR PATENT (SECTION-6)

Section 6 of the Act provides for the persons entitled to make an application
for a patent. Patents are granted on filing of an application describing the
invention and making certain claims. There is no qualification fixed for the
persons applying for patents. Any person who is an inventor of a novel
invention can apply for patent on his invention.

Generally, the following persons are entitled to apply for a patent in:

(1) The inventor.

(2) The assignee of the inventor.

(3) The agent of the inventor.

(4) The legal hairs or legal representatives of the inventor.

APPLICATION FOR PATENT OF ADDITION (SECTION 54)

Section 54 states that when an applicant has made an application for patent of
an improvement or modification of an invention described in complete
specification filed and the applicant has either applied for the patent of that

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invention or is the patentee of the invention, then he may be granted a patent for
that improvement or modification as the patent of addition.

FILING AND CONTENTS OF THE APPLICATION

Application for a patent shall be made in the prescribed form as specified under
annexure to the patent act accompanied by prescribed fee as specified from time
to time under the schedule to the Patent Act only one invention can be claimed
in one application and there is no possibility of claiming different inventions or
more than one invention in a single application.

The application shall give details regarding the name and address of the
applicant. ∙The application shall be accompanied by an abstract of the invention
providing technical information about the invention, complete or provisional
specification describing the invention, claims describing the scope of the
invention.

PROVISIONAL SPECIFICATION AND COMPLETE SPECIFICATION

Application for patent shall be accompanied by a complete specification or a

provisional specification as mentioned earlier. It should contain the description
of invention with drawing, if required. However, the complete specification
should be fairly based on the matter disclosed in the provisional
specification and should be filed within 12 months (extendable by 3 months)
from the date of filing of provisional specification. If the complete
specification is not filed within 12 months or within the extended period,
the application is deemed to have been abandoned. The complete
specification is an essential document in the procedure of patent application with

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drawings required to be attached according to the need and requirement.
Complete specification shall fully describe the invention, disclosing the best
method of practicing the invention, known to the applicant.

PROCESSING AND PUBLICATION OF PATENT APPLICATION(

SECTION 11A)

Section 11A provides for the publication of an application for a patent. Ordinarily,
no application is made open to the public for a time period specified by the
Controller. However, the applicant before the expiry of such term may request the
Controller to publish the application. The Controller, on his discretion may publish
the same except in the following conditions:

∙when secrecy direction is imposed under section 35;

∙ When the application has been abandoned under sub-section (1) of section 9;
or

∙When the application has been withdrawn three months prior to the
period specified under sub-section (1).

✔The publication of the application shall include the date of the application, the
number of the application, name and address of the applicant and an abstract.
✔ Publication would also serve the purpose of notice to the public or to all
the concerned with reference to the claimed invention. It would entail
interested parties and the public to file for any objection to the claimed
invention and for instituting opposition proceedings before the patent office.

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 EXAMINATION OF APPLICATION

According to Section 11B, the applicant or any other person interested shall make
a request for examination of the application in the prescribed manner within the
prescribed time period. If no such request is made, then the application shall be
treated as withdrawn by the applicant. After the request is made, the Controller by
virtue of Section 12 refers the application to an examiner to make a report.

OPPOSITION TO THE PATENT

Section 25 states that any person may object to the application for patent after
it has been published. There are two types of objections:

∙ Pre-grant objection

∙ Post-grant objection

PRE-GRANT OBJECTION

Section 25(1) states that after the publication of the application and before the
grant of the patent, any person in writing may represent their opposition against
the grant of the patent. These are pre-grant objections which are raised before the
grant of the patent. The grounds on which such objections can be raised are
mentioned in Section 25(1) of the Act.

POST-GRANT OBJECTION

Post-grant objections are raised after the grant of the patent to the applicant. These
objections are supposed to be raised within one year of the publication of the notice
of grant of patent by way of giving notice of opposition to the Controller. The

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grounds on which such objections can be raised are mentioned in Section 25(2) of
the Act.

Upon receiving the notice of opposition, the Controller shall notify the
patentee of such objection after giving the patentee a reasonable opportunity
to be heard, may maintain, amend or revoke the patent.

GRANT OF PATENT (SECTION 43)

According to Section 43, the patent may be granted to the applicant or in case of
joint application, to the joint applicants, as expeditiously as possible if the
Controller is satisfied that the application of patent is in order for the grant of the
patent and is not in contravention of any provisions of the Act. The patent shall
have the seal of the patent office and the date on which the patent was granted
shall be recorded in the register. On grant of the patent, a notice of such grant is
published and the application and other documents related are made open for
public inspection.

RIGHTS CONFERRED ON THE GRANT OF PATENT

Grant of patent confers certain rights on the patent owner. Patent grant is a
negative right, it does not confer a right to use the invention; instead it
prevents others from using the invention. Without a patent also the inventor can
exploit the invention, but the grant of patent excludes others from using the
invention. Patent grant confers on the owner an exclusive to exploit, use, make
exploit, sell the invention.

∙ Except the owner or without the authorization of the owner nobody can exploit
the invention.
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∙The owner may also sell the right to the invention to any interested person, who
will then become the new owner of the patent. Once a patent expires, the
protection ends, and an invention enters the public domain.

REGISTER OF PATENTS
Every patent granted by the patent office in India is entered in the patents register
kept at the head office at Kolkata.

∙ A Register of Patents can be inspected in search of any granted patent or extract

of a patented invention on payment of fee.
∙ It is a public document and the information contained therein is
public information.

SURRENDER AND REVOCATION OF PATENTS

Patent owner may surrender his or her patent at any time by giving notice to the
controller. The controller shall advertise the same to invite any opposition from
any person who is interested in the patent. The controller shall decide to
accept or reject.

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 CONCLUSION

Patent is a temporary monopoly right granted by the government for using and
exploiting certain innovation made by the inventor. It is a reward for contributing
to the development of knowledge in a given field. It is an incentive to the
innovators to come out with new and novel innovations that could benefit the
society at large.

The purpose of this system is to encourage inventions by promoting their

protection and utilization so as to contribute to the development of industries,
which in turn, contributes to the promotion of technological innovation and to
the transfer and dissemination of technology.

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BIBLIOGRAPHY

⮚ BOOKS

 ∙ S. Narayan, Intellectual Property Law in India

 N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual
Property

⮚ WEBSITES

 https://yourpatentteam.com/patent-india-procedure-grant/
 https://razorpay.com/learn/apply-for-patent-in-india/
 https://blog.ipleaders.in/patent-law/
 inspire.irena.org/Pages/patents/patentgrantingprocedure.aspx
 https://www.zatalyst.com/patent-procedure-india/

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