Genius Advice

To apply for a patent, the applicant should file the application in the prescribed form, along with the requisite fee at the Patent Office. The application should be accompanied by a provisional or complete specification (description of the invention). The provisional specification need not be full and specific, and has to merely contain the general description of the invention, its application and anticipated results. The object of the provisional specification is to fix the priority date of the patent. The complete specification should be filed within a specified period of filing the application, otherwise the application will be deemed to be abandoned. The application is thereafter examined by the Examiner of Patents to check the following:

    -          whether it complies with the requirements of the Patent Act and Rules;

    -          whether there is any lawful ground for objection to grant of patent; and

    -          whether the invention has already been published or claimed by another person.

 Objections, if any are communicated to the applicant and such objections generally relate to the drafting of the specification or any speculation as to anticipation about prior claims. These objections can, in many cases, be overcome by suitably amending the description of the invention or the claims or by inserting a reference to a prior specification number. If the objections are not answered satisfactorily, the Controller of Patents may refuse to grant patent after giving a hearing to the applicant. If the objections are satisfactorily handled, the Controller of Patents publishes the specification in the Official Gazette. An interested party may give notice of opposition of such advertisement. The notice of opposition is forwarded to the applicant, the reply to which is to be filed within three months. Thereafter both parties are heard and the matter decided. Once the application is accepted, the patent is granted expeditiously and the date on which patent is granted shall be entered in the register.

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