What is the term of a patent in the Indian system?
The term of the patent from the date of filing is 20 years.
Which Act governs the patent system in India?
The Indian patent system is governed by The Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003.
Does Indian Patent give protection worldwide?
No. Patent protection is a national right that is effective within India. But, filing an application in India allows the applicant to file the same application related to same invention either in convention countries or under PCT route, on or before expiry of twelve months from the filing date of the Indian application. Patents needs to be obtained in each country wherever the applicant has interested to protect the invention.
What can be patented?
A product or process patent, which is new or novel, involving inventive step and industrially applicable can be patented and it should not fall into the categories of non- patentable inventions under sections 3 and 4 of the Patent Act.
What is the criterion of patentability?
An invention is patentable subject matter if it meets the following criteria –
1. It should be novel.
2. It should have inventive step or it must be non-obvious
3. It should be capable of Industrial application.
4. It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
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