PATENT FILING AND DRAFTING PROCEDURE IN INDIA FOR A NEW PHARMACEUTICAL PRODUCT
Abstract
Background and Aim: A patent is a legal right to grant of Patent to the Patentee for his new idea, method, product, etc. for a limited time period by the government. The patent law in any country provides safety to the inventor for his discovery. Patent safety means the other person cannot manufacture and distribute the product without taking prior permission from the patentee. Methods: In this work the Patent law for Patent grant in India is discussed. The patent law is quite similar in all countries. The difference is mainly in the patent filing procedure. Result: The patent system is divided into two parts, first is patent filing procedure and the second is the patent grant procedure. The procedure starts with the filing of an application for the grant of patent. This is followed by the second step which includes the search, publish and examination. If the application fulfills all the requirement of the patent law, then the patent is granted. Conclusion: In different countries there are different criteria for an invention to be a patentable, but in all the countries the clause of novelty is there. The clause novelty states that “the invention must be new†if your invention is already known you cannot get a patent despite being fulfilled criteria, such as industrial application and must be non-obvious.KEYWORDS: Patent, IPO, ISAReferences
. The Patents Act, 1970. Retrieved from: http://www.ipindia.nic.in/ipr/patent/patents.html./March 2, 2018.
. Definitions and interpretation. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS2.html./March 7, 2018.
. Invention not Patentable. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS3.html./March 7, 2018.
. Type of patent application. Retrieved from: http: //www.Irswami/page/type-of-patent-application.pdf./March 8, 2018.
. The International Patent System. Retrieved from: http: //www.wipo.int/pct/en/-html./March 10, 2018.
. The PCT Applicant's Guide. Retrieved from: http: //www.wipo.int/pct/en/app guide/I.html./March 12, 2018.
. Convention Applications. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS35.html. March 13, 2018.
. Patents of addition. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS54.html./ March 14, 2018.
. Power of Controller to make orders respecting division of application. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS16.html./ March 12, 2018.
. Divisional applications. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS6.html./March 17, 2018.
. Provisional Specification. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS9.html./March 19, 2018.
. Complete Specification. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS10.html./March 22, 2018.
. Patent Fees. Retrieved from: http: //www.ipindia.nic.in/fees/html./ April 2, 2018.
. Patent Publication. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS11A.html./ April 6, 2018.
. Examination of application. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS12.html./ April 8, 2018
. Opposition Proceedings to Grant of Patents. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS25.html./April 9, 2018.
. Grant of Patents. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/eversion-ActRules/section/PS43.html/April 12, 2018.
. Patent Specification Drafting in India. Retrieved from: http: //www.ipindia.nic.in/ipr/patent/patent agent/paper I-II May 2013.pdf/April 14, 2018.
