A patent for an invention is the grant of a property right to the inventor(s), issued by the Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention or "importing" the invention in that particular country where the patent is protected.
For an invention to be patented it should clear the test of patentability. The patentability criteria are novelty, inventive step and industrial application. If the invention cleared the above criteria then the invention is patentable. The patentability criteria can be decided based on the prior art searches and analysis carried out by a Patent Attorney or a Patent agent. The invention is drafted as a patent application by a patent attorney or a patent agent in order to file an application in the Patent Office.
Patent is granted in India for a product and process. A patent application can be filed as ordinary application (provisional/complete), Conventional Application under Paris Convention and PCT/PCT National Phase Application under the rules prescribed by Patent Cooperation Treaty. The patent application is examined by the patent examiners in the Patent Office and an examination report is issued to the patentee. The applicant should comply with the rejection by the Patent Office within the given time period in order get a patent.
The applicant can comply with the rejection by amending the claims or by submitting an argument and explanation in favor of their invention. The controller either can accept the application or reject the application on the merit of the response submitted by the applicant. In case of rejection, the applicant is given a chance of hearing in the Patent Office. Based on the arguments during the hearing, the controller decides the case either by granting the patent or rejecting the patent. The term of the patent is 20 years subject to the payment of the maintenance fees. Failure to pay the fees will lapse the patent, however the option of restoration is available by providing the reason of non-payment of fees.
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