Patent Types in India: Advocate’s View
Understanding and advising on patent types in India is central to an advocate’s responsibility under the Patents Act, 1970. Accurate categorisation ensures clients receive appropriate protection, legal remedies, and commercial rights regarding their invention.
1. Utility Patent (Patent for Invention)
Utility patents safeguard new inventions — covering processes, machines, products, or compositions. As
advocates, our role is to draft clear and inventive claims, conduct prior art searches, and facilitate filing.
We advise applicants regarding the requirements of novelty, inventive step, and
industrial applicability, ensuring robust protection against infringement for twenty years.
Enforcement action may involve pre-litigation notices, interim injunction motions, and damages claims if infringement arises.
2. Design Patent (Design Registration)
Design patents focus exclusively on the ornamental or visual features of an article. We counsel clients that
design rights are granted for fifteen years and must be visibly distinctive. Effective advocacy involves
collecting evidence for originality, filing at the patent office, and defending against imitation.
Vigilance and swift enforcement (using cease-and-desist and court injunctions) help to safeguard market exclusivity.
3. Plant Patents (Protection of New Plant Varieties)
The legal landscape for plant patents is governed by the Protection of Plant Varieties and Farmers’ Rights Act.
Advocates navigating this area collaborate with inventors to secure exclusive breeding, propagation, and
marketing rights. Dispute resolution work includes negotiating licensing, defending against unauthorised
reproduction, and mediating between agricultural and patent offices.
Plant patent disputes may also touch upon farmers’ rights, biodiversity, and international conventions.
4. Provisional Patent Application
Provisional patent applications are tactical tools for securing an early filing date. From a legal perspective,
they are valid for twelve months and must be converted to a complete specification on time or risk abandonment.
Advocates help prepare timely, well-documented submissions and keep clients alert to deadlines.
Provisional protection is best used when inventions are at the concept or development phase.
Legal Framework and Application Pathways
Advocates also guide clients through Ordinary, Conventional, and PCT National Phase applications. This involves ensuring all statutory requirements are met, preparing technical documents, and responding to patent office reports. Procedural compliance and professional conduct per Bar Council of India (BCI) rules are paramount in all filings and representations.
Legal Rights and Enforcement
The Patents Act grants patentees exclusive exploitation rights. Our duties cover legal drafting, representation
in disputes, negotiation of licensing, and defending clients against frivolous objections.
Compliance checks for working statements and timely payment of renewal fees safeguard ongoing protection and avoid legal lapses.
Conclusion
For inventors and businesses, correct patent selection is a cornerstone of protection and commercial advantage. As per BCI standards, advocates must maintain dignity, exercise due diligence, avoid frivolous claims, and prioritize clients’ lawful rights. Rigorous advocacy and procedural integrity ensure clients navigate the Indian patent system securely, from application to enforcement.