The Government of India grants a patent to a person for his/her invention. A person having a patent for his/her invention can exclude others from unauthorised usage, making, selling, offering, or importing the invention. Thus, it grants exclusive rights to a person on his/her inventions. It helps companies secure their inventions from their competitors and control who uses or sells their inventions.
Initially, under the Patent Act, 1970, patents were granted only for the process of substances produced by chemicals. No product patent was granted relating to the substances created using a chemical. India signed the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995.
The TRIPS provided the minimum standards of Intellectual Property (IP) laws to be followed by all its member countries, including India. The Patent Act, 1970 was amended to incorporate the provisions of the TRIPS agreement, and product patents were introduced in India. Thus, currently, inventors can obtain both the product and process patent in India for a product created or the process of creating a product using a chemical compound.
Chemical patents help scientists get an exclusive right to market, use, and sell specific chemicals, compounds, and molecules. The patent extends to the development, experimentation, usage, and marketing of chemical compounds in various substances/products. A chemical patent helps the researchers to protect their discovery.
The documents that an inventor must attach along with the patent application are:
The controller will issue the chemical patent for 20 years from the date of filing the patent application. However, a PCT international patent is granted for 20 years from the date of international filing of the patent application. The inventor can renew the chemical patent by paying the renewal fees to the patent office within the expiration of 20 years.
The chemical patent provides protection only within India. To obtain international chemical patent protection, the inventor needs to apply for a patent in the PCT country where he/she wants the protection.
Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
The Government of India grants exclusive patent rights to inventors. Chemical patents protect compounds and require a process and product patent. Provisional and ordinary patents can be obtained domestically; PCT allows international protection. The patent process includes application, examination, opposition, and renewal. The validity of a chemical patent is 20 years within India.