November 5, 2011

Difference between Indian & US Patent System

Provision related to the patentable subject matter in US Patent Act is illustrative in nature in the sense that it defines what is patentable in US. While, on the other hand, Indian Patents Act defines what is not patentable subject matter.
US patent act allows a discovery of process, machine, manufacture or composition of matter to be patented if it satisfies the criteria of novelty, utility and non-obviousness. While under Indian Patent Act, the mere discovery of a new and useful process or product is not patentable.
US Patent Act does not speak specifically about patentability of computer programs, while under Indian Patent Act, computer programs per se are not patentable.
Indian patent system works on “first to file” scheme while US works on “first to invent” scheme. Though this has been changed by America Invents Act, 2011. Patents filed after March 16, 2013 will be granted on a first to file basis.
In US only post grant opposition to the patent is allowed while in India both pre grant and post grant opposition are allowed.
US patent laws allow the grant of patent to anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. Indian Patent Laws does not allow new and useful process or product by mere discovery to be patented.
Interference proceedings in US Patent system considering the inventor ship issues. No interference proceedings in Indian patent system.
Plant are patentable in us where as plant are not patentable in India.
Business methods are not patentable in India whereas they are patentable in US
Patent agent of other countries (Canadian patent agent) also can practice as US patent agent. But this is not possible in India, where a patent agent must have Indian nationality.
Patent Term adjustment is there in US , while there is no provision for patent erm adjustment in India.


Anonymous said...

Nice summery ....

Anonymous said...

Nice summery ...:)