How can I get a patent in India?

TYPES OF PATENTS Ordinary Patent Patents of addition Convention WHO CAN APPLY Application may be made, either alone or jointly with another, by the inventor, assignee, legal representative of deceased inventor or assignee. The inventor is entitled to be mentioned in the patent if he applies to do so. Application may be made jointly by two or more corporations as assignees. PATENTABLE INVENTIONS An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention. An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention. _____****_____ WHAT IS NOT PATENTABLE (1) An invention that is frivolous or that claims anything obviously contrary to well-established natural laws; (2) An invention the primary or intended use of which would be contrary to law or morality or injurious to public health; (3) The mere discovery of a scientific principle or the formulation of an abstract theory; (4) 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; (5) 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; (6) The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way; (7) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient, or for the improvement or restoration of the existing machine, apparatus or other equipment, or for the improvement or control of manufacture; (8) A method of agriculture or horticulture; (9) Inventions relating to atomic energy. In the case of inventions relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) & substances intended for use or capable of being used as food. No patent will be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture will be patented. DOCUMENTS REQUIRED FOR FILING AN APPLICATION Application form in triplicate. Provisional or complete specification in triplicate. If the provisional specification is filed it must be followed by complete specification within 12 months (15 months with extension). Drawing in triplicate (if necessary). Abstract of the invention (in triplicate). Information and undertaking listing the number, filing date and current status of each foreign patent application in duplicate. Priority document (if priority date is claimed). Declaration of inventorship where provisional specification is followed by complete specification or in case of convention application. Power of attorney (if filed through Patent Agent). Fee in cash/by local cheque/by demand draft. for more info check it http://madaan.com/patents.html

To get a patent in India you need a proper documentation of your innovation or finding. Prototype comes second. India has its own Indian patent act. Section 5 of that act prohibits one from patenting his/her innovation in certain mentioned fields. These fields contain the information about what products can not be patented. If you qualify the criteria and are eligible to get a patent, you will have to draft an application to Indian patent office. This application has to be written in a format which can be downloaded from Indian patent office's website. You can also apply for provisional patent, if all you have is just an idea.

Patent is jurisdiction specific. To obtain a patent in India one has to file a patent application in the Indian Patent Office. There are four patent office in India- Chennai, Mumbai, Delhi, and Kolkata. Based on the address of an applicant, the respective patent office is selected for filing the patent application. The patent application can be filed in on line or offline mode. However, it has to be noted that, the patent office will charge an additional fee of 10%, if the application is filed 0ffline. Note that, if you are filing offline, 2 copies of the patent specification has to be sent to the patent office The cost involved in filing the  patent application in IPO varies from natural person to person other than natural person. Now, one has to have an idea of the documents to be filed or required to file a patent application in IPO which are as follows: Form 1 – Application for Grant of Patent Form 2 – Provisional/Complete Specification Form 3 – Statement and Undertaking Under Section 8 Form 5-  Declaration as to Inventor ship Form 9 – Request for Publication(Please note that form 9 is not mandatory ; if one needs application to be published earlier than the prescribed time, in this regard form 9 has to be filed) Form 18 – Request for Examination of Application for patent.(A request for examination has to be filed within 48 months from the priority date else the application will be abandoned) Form 28-  Power of authorization to the patent agent. Please read the link provided below to a have clear understanding of the cost involved and procedure to file a patent application in India. http://www.invntree.com/blogs/patent-application-filing-procedureprocess-india