What is the Patent Application Process in India

Steps for Filing PCT National Phase in India

Filing PCT National Phase in India: A patent application is filed by a registered patent agent or a registered patent attorney who has cleared the patent agent examination conducted by the Indian Patent office from time to time. According to the the Indian Patent Law a science or technical degree for person(s) to appear for the qualifying examination is compulsory. Therefore, a patent attorney is a techno-legal expert who assist inventors to file their invention details before the patent office. Adv. Rahul Dev is one of the well known top patent attorney in India, who has been working with clients across the globe and delivering customised advice and services to assist clients reach their business goals.

A patent lawyer can help you with the smooth patent application process of your invention in India. As an inventor if you are entering PCT international patent under national phase in India, we can assist you with patent filing service before the patent office. Patent is granted for a new invention. Under the Indian patent laws, ” new invention” means

any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art.

Filing PCT National Phase in India: Why Section 3 of Indian Patent Law very important?

Under section 3d the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Generally, the many inventions are classified under 3d and not patentable under the patent law. Recently, a clarification was provided that salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy. So it is very important chemical based inventions to provide therapeutic efficacy details in the patent application.

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