The law regarding patents that first came in India was Act VI of 1856, to encourage the inventions of new and useful manufactures and induce inventors to reveal their inventions and make them available to the public at large. The act was repealed by another act which was later amended. There were many repeals meant and amendments that took place. The patents act 1970 along with patents rule 1972 provides for laws related to patents, the patents act, 1970 was later amended buy patents amendment act, 2005.

For a patent to be granted the invention must be novel, it should be non-obvious or an inventive step or should improve the previous one, and it should be for industrial application and must be used in a bona fide manner.

The section that mentions the exclusion regarding what can be patented in India is provided in Section 3 and Section 4 of the Indian patent app, 1970. The criteria as which need to be fulfilled to obtain a patent Deal with the patent subject, novelty, inventive steps, and capability of industrial application. Since Section 3 and Section 4 of the Indian patents act, 1970 List non-patentable subject matter then anything which does not come under the list is considered as a subject for a patent.

There are many types of patent applications granted in India, They are Provisional application, non-provisional application, convention application, PCT international application, PCT national phase application, patent of addition, and divisional application.

A temporary application that is filed when the invention is still not finalized and many changes need to be made or the experimentation is still going on is called a provisional application. This application establishes priority rights over the invention and the applicant can use the term patent pending on the machinery or products they’re inventing. Besides they get 12 months to develop the invention on which they are working. This application has to be detailed and carefully drafted to ensure priority rights. Non-provisional applications are file in the Patent Office when the applicant does not have any priority to claim. While filing a non-provisional application the applicant must support The application by adding complete specifications detecting the invention in detail.

When an applicant files a foreign convention application he claims priority data based on the same or substantially Miller application filed in more than one of the convention. The applicant must apply to the Indian Patent Office within 12 months from the date of first filing if he wishes to get the convention status.

An international application to streamline the patent application process in many countries that is up to 142 countries is called a PCT international application. The applicant can file a single patent application and seek protection for their invention in up to 142 countries around the world.

A national phase application must be filed within 30 or 31 months from the priority date all the international filing date, this application is filed in each country where the protection is sought.

A patent of addition is filed if there is a modification of invention for which the patent has been already applied or the applicant has already obtained the patent. The applicant need not pay the separate renewal fee for the patent of addition during the term of the main patent and the patent of addition will expire along with the main patent.

If the applicant wishes to claim more than one invention or wishes to the divine application to furnish 2 or more applications, he can file a divisional application. After applying it is divided out of parent 1. The priority date will remain the same as claimed by the parent application.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.