Introduction : 

A ‘Patent’ is a special right granted for a new invention, whether it’s a product or a process, as per the Patents Act. An ‘invention,’ as defined by the Patents Act, must meet three main criteria, which are often called the ‘patentability requirements which are as follows :

• 1) Originality: The invention must be entirely new and not publicly disclosed before the patent application is filed.
• 2)Innovation: It should offer a technical advancement, meaning it’s not something obvious to someone with the same skills or knowledge.
• 3) Industrial Applicability: The invention should have a practical use in a specific industry or any industry.

Only when these criteria are met can the invention be protected under the Patents Act of 1970.

How to file for a Patent in India ? : 

You can apply for a patent in India through two methods. You can either submit the required documents physically at a patent registry within your jurisdiction or electronically via the intellectual property e-filing portal.

Documents required for filing a Patent Application. 

Essential Documents for Patent Application in India

1. Form 1 – Patent Application : Form 1 is your initial application for a patent in India. It includes important details about the inventor, such as personal information, the invention’s title, and whether the inventor is an individual or an entity. If you have appointed an agent, their details are also recorded.
2. Form 2 – Specification: Form 2 is where you provide detailed specifications of your invention, either provisional or complete. If your invention is in the early stages, a provisional specification is allowed. However, you must submit a complete specification within 12 months of filing the patent application to avoid abandonment.
3. Form 3 – Statement and Undertaking: When filing an international patent application, you must submit a statement about the application and undertake to inform the Controller General of Patents, Designs, and Trademarks in writing about any similar applications filed outside India.
4. Form 5 – Declaration of Inventorship: Per section 10(6) of the Patents Act, you must provide a declaration confirming that you are the true inventor(s) of the invention.
5. Form 26 – Power of Attorney: If a Patent Agent or other authorised agent is filing the patent application on your behalf, you must grant them power of attorney using Form 26. This allows them to correspond and communicate with relevant authorities on your behalf.
   
   

Conclusion: 

When you obtain a patent, you gain exclusive rights to your invention for 20 years. This means no one else can use, make, sell, import, distribute, or market your invention without your permission. While the patent application process can be complex and time-consuming, it’s essential for safeguarding your invention.

It is important is to avoid disclosing your invention to the public before receiving the patent, as this could render it ineligible.

To receive a patent, your invention must meet three key criteria: it should be unique, involve an innovative aspect, and have practical industrial use.

In today’s world, where intellectual property rights are gaining more attention, it’s wise to seek patent protection to safeguard your exclusive rights and the commercial potential of your invention.

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