US and INDIA Patents A Comparison

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US and INDIA Patents -A Comparison

• Stephen L. Grant
• Standley Law Group LLP
• 6300 Riverside Dr
• Dublin, OH 43017
• 614-792-5555
• sgrant_at_standleyllp.com

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A little quiz

• Your patent issued yesterday.
• What can you do today that you couldnt do last
  week?

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Locations

• US

• INDIA

• One office Alexandria, VA
• www.uspto.gov

• Four offices
• Kolkata
• Mumbai
• Chennai
• Ne w Delhi
• www.patentoffice.nic.in

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Similarities

• Provisional application allowed
• Patentability based on utility (industrial
  applicability), novelty, inventive step
• Applications published 18 months after filing
• Members of the Paris Convention, Patent
  Cooperation Treaty (PCT), TRIPS
• Patent expires 20 years from filing date
• Filing may be in English

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Notable differences

• US

• INDIA

• Relative novelty
• No opposition (pre- or post- grant)
• No working requirement
• No compulsory licensing
• Lack of knowledge in US novelty
• No separate examination request

• Absolute novelty
• Opposition provided both pre- and post-grant
• Working of the patent is required
• Compulsory license available
• Knowledge anywhere defeats novelty
• Examination must be demanded w/i 48 months

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Challenges in India

• Patentability of some subject matter is still in
  question since 2005 amendments
• Size of Patent Office is small, and number of
  applications is still low
• Protection of pharma is still up in air due to
  very large generic drug industry from pre-1995
  era
• Indian Patent Office not competent to examine its
  own PCT applications

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A little quiz

• Your patent issued yesterday.
• What can you do today that you couldnt do last
  week?
• With that in mind would you do it in India?

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STEP ONE

• INVENT

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STEP TWO

• Use experienced US patent counsel to protect your
  invention in the US, India, China and the rest of
  the world (as needed)
• Stephen L. Grant
• STANDLEY LAW GROUP LLP
• Dublin, OH 43017