MANUAL OF PATENT PRACTICE AND PROCEDURE

[yedhulaprakash]

This manual is intended to give guidelines relating to the practice and
procedure to be followed in examination of patent applications in India with a view to establish a uniformity and homogeneity in the processing of the applications in patent offices. Existing manual of the patent office is now being up dated to include new provisions of the law viz. The Patents Act, 1970 as amended by the Patents (Amendment) Act of 1999, the Patents amendment Act 2002, and further, by the Patents (Amendment) Ordinance 2004 Act 2005.

It also aims to make industries, R&D organizations, individual researchers
and inventors familiar with the patent system in India and to provide a userfriendly system for obtaining as well as maintaining patents under the existing patent law. It is expected that this manual will be of considerable use to the target user who are engaged in innovative and inventive activities in developing and marketing new products and technologies. Reference to decisions of the Courts of India and other countries has been given.



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[HirenMehta]

You can broadly divide the process of applying for a patent into 5 steps: 1. You go to record your idea and file it with the patent office. 2. A preliminary search is done of the existing patent records in order to ascertain whether there are any contesting claims or already awarded patents. 3. You then file a formal application in writing, accompanied by all drawings, claims and declarations and the necessary fees. 4. The patent office now undertakes a detailed search. It will examine your patent and will specify whether your claim is allowed or whether there is any problem to be resolved. 5. If they are satisfied, they will file your patent.