Three different types of patents can be filed in India. These include:

• Utility Patent: It is a technical document that describes in detail how a new device, method, or system operates and provides a strong form of protection.
• Design Patent: It protects an object’s attractive design while preserving its functional utility. The design may be related to the shape, configuration, pattern, ornamentation, or composition of an article. The original Coca-Cola bottle design is an illustration of this kind of patent.
• Plant Patent: A plant patent covers novel varieties of plants developed through cutting or other non-sexual methods. Genetically modified species are typically excluded from the scope of plant patents, which instead emphasize traditional gardening.

• However, on average, it takes around 3-5 years to obtain a patent in India from the date of filing the patent application. A request for expedited examination can be made in respect of the PCT national phase application filed in India. In the case of national phase application, the application will be taken up for examination only after the expiry of 30 months from the priority date.

• No. The inventor must file the patent application before the invention is publicly offered for sale, used, or displayed. Publication or disclosure of an invention anywhere by the inventor before the filing of a patent application would disentitle the invention to be patentable and such public display or publication would lead to lack of novelty.

In India, the patentability of an invention is determined by the Indian Patent Office, which follows a process for evaluating whether an invention is non-obvious. Here are the key steps in the process:

• Prior art search: This search includes published patent applications, scientific journals, conference proceedings, and other sources.
• Identification of differences: The patent examiner compares the invention with the prior art to identify any differences between the invention and the existing knowledge and are then evaluated to determine whether they are significant enough to make the invention non-obvious.
• Application of the inventive step requirement: The patent examiner applies the inventive step requirement to determine whether the invention involves a technical advancement over the prior art that would not have been obvious to a person skilled in the relevant field.
• Consideration of common general knowledge: The patent examiner considers the common general knowledge in the relevant field at the time the invention was made, to determine whether a person skilled in the art would have found the invention obvious.
• Evaluation of commercial application: The patent examiner also considers whether the invention has commercial applicability or utility.

An invention is patentable subject matter if it meets the following requirement –

• It should be novel
• It should have an inventive step or it must be non-obvious.
• It should be capable of industrial application.
• It should not attract the provision of sections 3 and 4 of the Patent Act 1970 which deals with exemptions to certain inventions.

• The inventor can protect their patent right by registering for a patent online or manually submitting the application and related documents at any of the Patent offices across India.
• One can file a patent application: https://ipindia.gov.in/  in the form of an ordinary national application, but it must comply with the provisions set down by the Patent Act, of 1970.

Yes, there are tax implications for patent holders in India. Here are some of the key points:

• Income Tax: Patent holders are required to pay income tax on any income earned from their patents. This includes income earned from licensing, selling, or otherwise exploiting their patents.
• Withholding Tax: If a non-resident patent holder earns income from a patent in India, the income is subject to withholding tax. The withholding tax rate is generally 10%, although it can be higher if there is no tax treaty between India and the country of the patent holder.
• Transfer Pricing: If a patent holder transfers a patent to an associated entity in India, the transaction must comply with transfer pricing regulations.
• GST: The sale or licensing of patents is subject to Goods and Services Tax (GST) in India. The current GST rate for the transfer of intellectual property rights, including patents, is 18%.

Enforcing a patent in India involves a legal process that can be initiated by the patent holder or the licensee. Here is a general view of the process:

• Cease and desist notice: The first step is usually to send a cease and desist notice to the alleged infringer, informing them of the patent and demanding that they stop infringing.
• Filing a lawsuit: If the infringer does not comply with the cease and desist notice, the patent holder can file a lawsuit in a court with appropriate jurisdiction. In India, patent infringement cases are usually heard by commercial courts or high courts.
• Interim relief: The patent holder can also apply for interim relief, such as an injunction or an order to freeze the infringer’s assets, while the case is pending.
• Court proceedings: During the court proceedings, both the patent holder and the alleged infringer will present evidence and arguments to support their case. The court will then decide whether the patent is valid and whether the alleged infringer has indeed infringed on the patent.
• Remedies: If the court finds that the patent has been infringed, it can order the infringer to stop infringing, pay damages to the patent holder, and/or surrender infringing products or processes.
• Appeals: If either party is dissatisfied with the court’s decision, they can appeal to a higher court.

The Controller General of Patents, Designs, and Trademarks (CGPDTM) is an important authority in India responsible for administering the laws related to patents, designs, and trademarks. The role of the CGPDTM includes:

• Administering the laws and procedures related to patents, designs, trademarks and GIs in India.
• Granting and registration of patents, designs, and trademarks in India, as well as maintaining a database of these registrations.
• Examining patent applications to ensure compliance with patent laws and regulations.
• Hearing and resolving disputes related to patents, designs, and trademarks, including opposition proceedings and revocation petitions.
• Formulating and implementing policies related to intellectual property rights in India.
• Providing technical and legal assistance to patent examiners and other stakeholders in the field of intellectual property.
• Promoting awareness of intellectual property rights in India and educating the public on the importance of protecting these rights.

Overall, the CGPDTM plays a crucial role in promoting innovation and economic development in India by protecting and enforcing intellectual property rights.

Yes, a patent application filed in India can also be filed in other countries, as long as it is done within the appropriate time limit and in compliance with the laws and regulations of the respective country. But Indian residents need prior permission under section 39 of the Act 1970 to apply for patents outside India.

There are two ways to file a patent application in other countries based on an Indian patent application:

• Convention Application: An Indian patent application can serve as a basis for filing a convention application in other countries within 12 months from the filing date of the Indian patent application. This is done by filing a patent application in a foreign country and claiming priority based on the Indian patent application.
• PCT Application: Another way to file a patent application in multiple countries is through the Patent Cooperation Treaty (PCT) application. Under the PCT system, an applicant can file an international patent application and seek protection in several countries simultaneously. India is a member of the PCT system, and an Indian patent application can serve as the basis for filing a PCT application.

• The Indian Patent Office follows the same patentability criteria for all inventions, including pharmaceuticals and medical devices. However, in recent years, there have been some notable changes in how patent applications for pharmaceuticals and medical devices are reviewed and granted in India.
• In 2005, India amended its patent laws to comply with the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The most important changes of this amendment were the deletion of section 5 of the Indian Patent Act 1970. Under the amended law, pharmaceutical and medical device inventions are eligible for patent protection if they meet the patentability criteria of novelty, inventive step, and industrial applicability.

Patent disputes in India can be resolved through two mechanisms:

• Judicial mechanism: Patent disputes can be resolved through litigation in the courts. The commercial courts, the High Courts, and the Supreme Court have jurisdiction to hear patent disputes. A patent holder can initiate a lawsuit for patent infringement against an alleged infringer in court. If the court finds that the patent has been infringed upon, it can grant injunctions and damages to the patent holder.
• Alternative dispute resolution (ADR) mechanisms: ADRs such as mediation and arbitration can also be used to resolve patent disputes in India. These mechanisms can provide a more flexible and efficient way to resolve disputes than traditional litigation. It not only provides pre-emptive benefits to both the parties but also helps in fast disposal of disputes as most disputes in India revolve around temporary injunction and appeals resulting to it.

In India, the process for filing a patent opposition is as follows:

• Preparing a Notice of Opposition: Any person can file an opposition to a patent by preparing a notice of opposition that includes the grounds for opposition and any evidence in support of the opposition. The notice of opposition must be filed with the Controller of Patents within one year from the date of publication of the grant of the patent.
• Filing the Notice of Opposition: The notice of opposition must be filed in Form 7 along with the prescribed fee. 
• Serving the Notice of Opposition: Once the notice of opposition is filed with the Controller of Patents, a copy of the notice must be served on the patentee.
• Reply to the Notice of Opposition: The patentee has an opportunity to reply to the notice of opposition within three months from the date of receipt of the notice.
• Hearing before the Controller of Patents: After the patentee has filed the counter-statement, the Controller of Patents will give notice of a hearing to both parties. At the hearing, both parties will have an opportunity to present their case and the Controller of Patents will decide on the opposition.
• The decision of the Controller of Patents: If the Controller of Patents decides in favour of the opponent, the patent may be revoked or amended. If the Controller of Patents decides in favour of the patentee, the opposition will be dismissed.

In India, patent applications are examined by the Indian Patent Office to determine whether the claimed invention is novel, inventive, and industrially applicable. The process of examining a patent application in India typically involves the following steps:

• Filing of the application: The applicant files a patent application along with the prescribed fees at the Indian Patent Office.
• Publication of the application: The patent application is published in the official journal of the Indian Patent Office after 18 months from the date of filing or the priority date, whichever is earlier.
• Request for examination: The applicant can request for examination of the patent application by filing a request for examination along with the prescribed fees within 48 months from the date of filing or the priority date, whichever is earlier.
• Examination of the application: The Indian Patent Office examines the patent application to determine whether the claimed invention meets the criteria of novelty, inventiveness, and industrial applicability as per the provisions of the Patents Act, of 1970.
• Issuance of examination report: The Indian Patent Office issues an examination report after conducting a preliminary examination of the application, which includes a search report and an opinion on patentability.
• Response to examination report: The applicant is required to respond to the examination report within 6 months from the date of issuance of the report, failing which the application may be deemed to have been abandoned.
• Grant of patent: If the application meets the requirements of novelty, inventiveness, and industrial applicability, and if there are no objections raised during the examination process, the patent is granted to the applicant.

• Yes, a patent application can be amended after filing in India. Section 59 of the Indian Patents Act, 1970 provides for the amendment of patent applications. The applicant can file an amendment to the application either before or after the grant of a patent, but the amendment cannot introduce any new matter which was not disclosed in the original application.
• Before the grant of the patent, an amendment to the application can be filed at any time. The amendment can be made to the description, claims, or drawings. However, the amendment should not result in the disclosure of any new matter, which was not present in the original application.
• After the grant of a patent, an amendment to the patent can also be filed under certain circumstances. For example, if the granted patent contains an error, omission, or mistake, an application for amendment can be filed to correct such an error. The amendment can also be filed to limit the scope of the claims of the granted patent.

In India, the infringement of a patent is determined by the courts. When an alleged infringement of a patent is brought before a court, the court examines the claims of the patent and the product or process accused of infringing the patent. The court will then analyze whether the product or process falls within the scope of the patent claims or not.

To determine the infringement of a patent in India, the court will follow a two-step process:

• The first step is to construe the patent claims and determine their scope and meaning. This is done to understand what the patentee is claiming as their invention.
• The second step is to compare the construed patent claims with the allegedly infringing product or process to determine whether it falls within the scope of the patent claims.

In India, the scope of the claims is determined by the specification of the patent and the description of the invention provided in the patent application. The specification must describe the invention in a manner that is clear and complete enough for a person skilled in the relevant art to understand it and carry out the invention.

• No, there are no restrictions on foreign entities applying for patents in India. The Indian patent system treats both domestic and foreign applicants equally, and any person or entity, whether Indian or foreign, can apply for a patent in India. However, the applicant must comply with the requirements set forth by the Indian Patent Act and the Indian Patent Office. But it is not possible for a foreigner to apply for a provisional application as the patent must be associated with a complete specification.

The fees associated with filing a patent application in India depend on various factors such as the type of applicant, the mode of filing, the number of claims, and the number of pages in the specification. The following are the basic fees for filing a patent application in India:

• For a natural person (i.e., an individual inventor) or a start-up:

For e-filing: INR 1,600

For the physical filing: INR 1,750

• For a small entity (i.e., an enterprise with a turnover of less than INR 25 crores):

For e-filing: INR 4,000

For the physical filing: INR 4,400

• For any other entity:

For e-filing: INR 8,000

For the physical filing: INR 8,800

In addition to the basic filing fees, there may be additional fees for claims in excess of 10, for filing a request for examination, and for other post-filing actions. These fees can vary depending on the specific circumstances of the patent application.

• The Indian Patent Office (IPO) acts as a Receiving Office (RO) and an International Searching Authority (ISA) under the Patent Cooperation Treaty (PCT). This means that the IPO can receive international patent applications filed under the PCT and conduct an international search report (ISR) and a written opinion on patentability.
• When an international patent application is filed under the PCT with the IPO as the RO, the IPO checks the application for formal requirements and publishes the application in the PCT Gazette. The IPO then transmits the application to the International Bureau of the World Intellectual Property Organization (WIPO) for further processing.
• As an ISA, the IPO searches prior art documents and prepares an ISR and a written opinion on patentability. The ISR and the written opinion are communicated to the applicant and are used by the applicant to decide whether to proceed with national phase entry in India or other designated countries.
• Once the applicant decides to enter the national phase in India, the application is examined by the IPO and a final decision on patentability is made. If the application is found to be patentable, a patent is granted to the applicant.

• In India, a patent application can be filed in English or Hindi, which are the official languages of the Indian Patent Office. However, if the application is filed in Hindi, a corresponding translation in English must be submitted within a period of 14 months from the filing date.
• It is also possible to file a patent application in any other language, provided that a verified English translation of the specification and other documents are submitted within a period of 31 months from the earliest priority date. The verified translation must be submitted by a patent agent registered with the Indian Patent Office. The translation must include a declaration signed by the translator certifying that the translation is accurate and complete.

• In India, the novelty of an invention is determined during the patent examination process by assessing whether the invention meets the criteria of novelty and inventive step (non-obviousness).
• During the patent examination process, the Indian Patent Office searches for prior art to determine whether the claimed invention is new and not obvious.
• If the invention is found to be already disclosed in the prior art, it will not be considered novel and will not be granted a patent. If the invention is found to be new and non-obvious, it may be granted a patent if it also meets the other criteria for patentability, such as industrial applicability and sufficiency of disclosure.
• It’s important to note that the patent examination process in India follows the principle of “absolute novelty,” which means that an invention must be new and not disclosed in any form, anywhere in the world, before the filing date of the patent application.

• The significance of the “first to file” rule in Indian patent law is that it helps to establish clear and objective criteria for determining who owns the patent rights to an invention. This is important because it can reduce disputes over ownership and infringement, which can be time-consuming and expensive to resolve. It also encourages inventors to file their patent applications as soon as possible, which can help to ensure that they have the strongest possible claims for their inventions.

• In India, the legal framework for the protection of traditional knowledge and biological resources is primarily governed by the Patents Act, of 1970 and the Biological Diversity Act, of 2002.
• Under the Patents Act, Section 3(p) excludes certain inventions from being patentable, including “an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components”. This provision is intended to prevent the granting of patents for traditional knowledge or biological resources that have been discovered or used by indigenous communities for generations.
• In addition, the Biological Diversity Act, of 2002 provides for the conservation, sustainable use, and equitable sharing of benefits arising from the use of biological resources. The Act establishes a National Biodiversity Authority (NBA) and State Biodiversity Boards (SBBs) to regulate access to biological resources and traditional knowledge associated with these resources. The NBA and SBBs are also responsible for granting permissions for the use of biological resources and traditional knowledge, and for ensuring that the benefits arising from their use are shared equitably with the communities that have conserved and preserved them.
• The Indian government has also established the Traditional Knowledge Digital Library (TKDL) to prevent the grant of patents on traditional knowledge. The TKDL is a notable initiative by a joint collaboration of the Council of Scientific and Industrial Research (CSIR) and Ministry of Ayush. India is the only country to have set up such an institutional frame work to protect its traditional knowledge and prevent its exploitation worldwide.

• Yes, a patent can be opposed even after it has been granted in India. The Indian Patents Act provides for post-grant opposition procedures. Post-grant opposition can be filed by any interested person within 12 months from the date of publication of the grant of the patent. The grounds for post-grant opposition include lack of novelty, inventive step, industrial applicability, non-patentability under the Patents Act, and that the invention was already published or used in India before the date of the patent. It can only be filed a person involved in or promoting research or by an entity hat has a commercial or manufacturing interest in the patented goods.

• Under Indian patent law, computer-related inventions are generally treated as “per se not patentable” unless they fall under certain specific categories. Section 3(k) of the Indian Patents Act, 1970, states that “a mathematical or business method or a computer program per se or algorithms” is not a patentable invention.
• However, computer-related inventions that have technical applications and produce a technical effect can be patented in India. This means that if the invention solves a technical problem and has a technical application, it may be considered patentable. The invention must also meet the standard patentability requirements, such as novelty, inventive step, and industrial applicability.
• Also, this provision should be read along with the Guidelines for Examination of Computer Related Inventions (CRIs). CRI enlists a list of guidelines to avoid ambiguity on computer related invention patents.

• Yes, a provisional patent application can be filed in India. It provides a quicker and more cost-effective way to establish a priority date for an invention.
• A provisional application can be filed with the Indian Patent Office to establish a filing date for an invention, without providing a complete specification. The provisional specification should contain a title, description, and drawings that adequately describe the invention. Within 12 months from the date of filing the provisional application, a complete specification must be filed, which includes all the details of the invention and the claims. Other wise the application shall be deemed to have been abandoned. The time period maybe extended to 15 months, if such a request for extension is accepted by the controller.

• The Indian Patent Office examines patent specifications using a process called substantive examination. The examination process is initiated by the applicant requesting an examination of the patent application within 48 months of the filing date or priority date, whichever is earlier.
• During the examination process, the patent office reviews the patent application to determine whether the invention meets the patentability criteria set out in the Indian Patents Act. These criteria include novelty, inventive step, and industrial applicability.
• The examination process involves a thorough review of the patent specification, including the claims, drawings, and written description, to determine whether the invention is new and non-obvious in light of the prior art.
• The patent will be granted if the patent examiner finds that the invention meets the patentability criteria. However, suppose the examiner finds that the invention does not meet the criteria. In that case, the applicant may be allowed to amend the patent specification or argue against the examiner’s objections.

• In India, divisional applications are filed when a patent application contains more than one invention. This can be done as per the section 16(1) of the Indian patent Act. When the Indian Patent Office receives such an application, it conducts a search and examination of the main invention initially claimed in the original application.
• If the examiner finds that the original application contains more than one invention, he or she will issue a First Examination Report (FER) identifying the multiple inventions and requesting the applicant to divide the application. The applicant is then required to file a divisional application within four months from the date of the FER.
• The divisional application should contain a statement indicating the divisional nature of the application and must be filed with the same set of documents as the original application. The divisional application will be assigned a new application number, and it will be examined as a separate application. Here the burden to prove the plurality of invention, lies with the applicant.

• Yes, India has provisions for compulsory licensing of patents under Section 84 of the Patents Act, of 1970. Compulsory licensing is a mechanism by which a government can allow a third party to use a patented invention without the consent of the patent owner, in certain circumstances. Compulsory licenses are granted in order prevent the monopoly and abuse of patents, to enable commercial usage or to address the public health concern.
• The relevant provisions in the Patents Act, of 1970 allow for compulsory licensing in cases where the patent owner has failed to make the patented invention available to the public at a reasonable price, where the demand for the invention is not being met or the invention is not being worked in India.
• The procedure for obtaining a compulsory license is set out in the Patents Act, of 1970, and involves an application to the Controller of Patents. The Controller will consider factors such as the nature of the invention, the capacity of the applicant to work the invention, and the terms of the proposed license before granting a compulsory license.

• In India, patent applications can be examined under an expedited examination process known as the “Track I” process. This process is particularly useful for applicants who require quick grants of patents for commercial reasons.
• Initially, the applicant must file a request for expedited examination along with the patent application, and pay the additional fee for expedited examination. The application must also meet certain requirements, such as being a “first filing” or a “PCT national phase” application and cannot have any divisional applications pending.
• Once the request is accepted, the patent application will be examined within one year from the date of the request. The examination is conducted in the same manner as for regular patent applications. If there are any objections or rejections, the applicant will be given a shortened period to respond.

In India, a patent holder has the following rights:

• The exclusive right to make, use, sell, and import the invention.
• Right to prevent others from using, selling, importing, or manufacturing the patented invention without permission.
• Right to license, assign or sell the patent to others.
• Right to take legal action against any person who infringes the patent.
• Right to obtain an injunction to prevent further infringement of the patent.
• Right to seek damages or an account of profits from the infringer.
• Right to surrender the patent at any time by giving notice to the Patent Office.

To determine the industrial applicability of an invention, the Indian Patent Office may consider the following factors:

• Whether the invention has a practical application or can be used in any kind of industry.
• Whether the invention has potential economic value and can be commercially exploited.
• Whether the invention is capable of being made or used on an industrial scale.
• Whether the invention solves a technical problem or addresses a need in the industry.

The applicant must provide sufficient information to enable the Patent Office to understand the nature and scope of the invention and its potential applications.

Under Indian patent law, a business method is not considered to be a patentable subject matter unless it is tied to a particular machine or apparatus, or if it involves a technical process that results in tangible and concrete output.

Therefore, a method of doing business, which does not meet the above criteria, may not be granted a patent in India.

In India, patent applications related to artificial intelligence (AI) and machine learning are examined by the Indian Patent Office (IPO) under the Computer Related Inventions (CRI) Guidelines.

Under the CRI Guidelines, patent applications related to AI and machine learning are examined to determine if they meet the criteria for patentability, which include novelty, inventive step, and industrial application. The examination process may involve a technical evaluation of the invention to determine if it meets the requirements for patentability, including whether the invention is more than just an abstract idea or a mathematical algorithm.

Yes, a patent can be transferred or assigned in India. Section 68 of the Indian Patents Act, 1970 provides for the assignment of patents.

According to this section, a patent, either wholly or partially, can be assigned by the patentee to another person or entity. The assignment can be made with or without the goodwill of the business concerned. The assignment can also be limited to a specific territory in India.

In India, a patent can be revoked or invalidated on certain grounds, which are as follows:

• Lack of novelty: A patent can be revoked if the invention is not new.
• Lack of inventive step: If the invention does not involve any inventive step or is obvious to a person skilled in the art, the patent can be revoked.
• Non-patentable subject matter: If the invention is not eligible for patent protection under the Indian Patent Act, such as a discovery, a scientific principle, or a method of treatment, the patent can be revoked.
• Insufficient disclosure: If the patent specification does not sufficiently disclose the invention, or if it contains false information, the patent can be revoked.
• Failure to meet the industrial applicability requirement: If the invention is not capable of being made or used in an industry, the patent can be revoked.
• Section 3(d) of the Indian Patent Act: If the invention is related to a new form of a known substance and does not result in enhanced efficacy or a new therapeutic effect, the patent can be revoked.
• Section 8 of the Indian Patent Act: If the patentee fails to disclose or provides false information regarding the corresponding foreign applications, the patent can be revoked.
• Public interest: If the invention is detrimental to public health or morality, the patent can be revoked in the interest of public welfare.
• Non-use: If the patented invention is not used in India within three years from the date of grant or four years from the date of filing of the patent application, whichever is later, any person can file a petition for revocation of the patent.

If an invention has already been published in a scientific journal before filing a patent application in India, it may not be eligible for a patent in India, as it is considered to be published and already in the public domain.

 However, there is a one-year grace period for filing a patent application in India after the publication of an invention. So, if the publication occurred less than a year ago, it may still be possible to file a patent application in India.

In India, patents related to climate change and renewable energy are dealt with through the country’s patent laws and guidelines established by the Indian Patent Office (IPO) and the Ministry of Science and Technology.

The Indian Patent Act, of 1970, as amended in 2005, provides for the granting of patents for inventions that are new, non-obvious, and capable of industrial application. This includes inventions related to climate change and renewable energy.

To encourage the development and dissemination of green technologies, the Indian government has also established various initiatives and policies, such as the National Action Plan on Climate Change (NAPCC) and the National Solar Mission. These initiatives aim to promote the adoption of renewable energy technologies, including solar, wind, and biomass, and to create an enabling environment for the research and development of green technologies.

Overall, India recognizes the importance of patents in driving innovation and technology transfer in the areas of climate change and renewable energy and is taking steps to promote and facilitate the grant and use of such patents.

Yes, a patent can be granted for a new use of an existing product or technology in India, provided that the new use meets the criteria for patentability under the Indian Patents Act, of 1970. Also, it must not fall within section 3 and 4 of the acts that deals with the exceptions.

Yes, a patent can be granted for a new use of an existing product or technology in India, provided that the new use meets the criteria for patentability under the Indian Patents Act, of 1970. Also, it must not fall within section 3 and 4 of the acts that deals with the exceptions.

In India, patent applications related to blockchain technology are examined by the Indian Patent Office (IPO) under the Patents Act, 1970, and the Patent Rules, 2003. The examination process for blockchain-related patent applications is similar to that of other technology areas, and it is carried out by a team of patent examiners who are experts in the field of blockchain.

During the examination process, the patent examiners evaluate the patent application to determine if the invention is novel, non-obvious, and has industrial applicability. They also look for prior art, which includes any existing patents or publications that might have described the invention previously.

In addition to the regular examination process, the IPO has established a specialized unit for examining patent applications related to emerging technologies, including blockchain. This unit is called the “Computer Related Inventions (CRI) Wing” and is responsible for examining patent applications related to software, hardware, and other computer-related inventions.

No, an inventor cannot apply for a patent in India without disclosing their invention. However, one can apply for a provisional application in which the complete specification of the invention need not be given. The complete specification shall be filled within a time period of 12 months. This time period may be extended to 15 months, if such a request for extension is accepted by the Controller.

While interpreting claims, one must apply literal rule of interpretation i.e. The claim shall be interpreted without changing their meaning by reference to the language used in the body of specification. If any ambiguity arise in the claims, one can look into the body of specifications for reference. This was stated by the Delhi high in the notable case: Novartis Ag & Ors v. Natco Pharma Limited.