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SuperNuvos (Own)     03 July 2021

Query > process for patenting

Dear Experts:

     We have designed a process for employee engagement at the organization level.  I am keen that I could register it as an IPR.  I have some queries related to the same:

1. Are such processes eligible to be registered as a patent?

2. What are the sources where we can check if such process has not been already registered?

3. If it can be patented, how do we start the process of initiating the patent process?

 

Best regards

   

  



 1 Replies

Ananya Gosain   01 September 2021

Section 6 of the Act provides for the persons entitled to make an application for a patent. Any person who is the first and true inventor of an invention can apply for a patent in regards to that invention in the patent office. There are certain criteria which have to be fulfilled to obtain a patent in India. They are: PATENT SUBJECT- Sections 3 and 4 of the Patents Act list non-patentable subject matter. Unless the Invention comes under any provision of Section 3 or 4, it means that it consists of a subject for a patent. NOVELTY- Under Section 2(l) of the Patent Act, a novelty or new Invention is defined as “no invention or technology published in any document before the date of filing of a patent application, anywhere in the country or the world”. The complete specification, that is, the subject matter has not fallen into the public domain or is not part of state of the art”. It must be the newest which have no same or similar prior arts. INVENTIVE STEPS- Under Section 2(j) of the Patents Act, an inventive step is defined. It means that the invention should not be obvious to a person skilled in the same field where the invention is concerned. It should not be inventive and obvious for a person skilled in the same field. CAPABLE OF INDUSTRIAL APPLICATION: Industrial applicability is defined in Section 2 (ac) of the Patents Act as “the invention is capable of being made or used in an industry”. This basically means that the Invention must be capable of being applied in any industry,(practical utility). There are various types of applications for patent which you can read about, here- https://www.slideshare.net/DiganthSehgal/procedure-for-filing-an-application-for-patent Forms required to be filled- Form 1 to 5 of the Patents Act 1970 And an e-filing fee. Hope this helps Regards

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