H K Acharya & Company


PATENT


Patent
A Patent is a document issued by a Patent office of...
Patent Procedure

Application for a grant of Patent..
Power of Attorneys
click here for POA forms...
Frequently Asked Question
Q.1 : What is a Patent?

Patent

A Patent is a document issued by a patent office of a country (or a regional Patent office acting for several countries) upon application which describes an invention and defines the boundary of the patented invention which can normally only be exploited(manufactured, used, sold or imported)with the authorization of the owner of patent, “Invention” means a solution to a specific problem in the field of technology. INVENTION "Invention” means a new product or process involving an inventive step and capable of industrial application.“Inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.Industrial application means that the invention is capable of being made or used in an industryNon-Patentable InventionsFollowing inventions are not considered as Inventions.u/s 3 of the INDIAN Patent ( Amendment ) Act 2005 are

Patentable invention:

All the inventions that do not fall under the non-patentable invention are patentable inventions.

Non Patentable Inventions.

3(a)	An invention which is frivolous or which claims anything obviously contrary to well established natural laws;	3(h)	Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
3(b)	An invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;	3(i)	Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological process for production or propagation of plants and animals;
3(c)	The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;	3(j)	A mathematical or business method or a computer program per se or algorithms;
3(d)	The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of the 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.	3(k)	A literary, dramatic musical or artistic work or any other aesthetic creating whatsoever including cinematographic works and television productions;
3(e)	A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;	3(l)	A mere scheme or rule or method of performing mental act or method of playing game;
3(f)	The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;	3(m)	A presentation of information
3(g)	A method of agriculture or horticulture	3(n)	Topography of integrated circuits;
		3(o)	An invention which, in effect is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.