"INVENTION" MEANS A NEW PRODUCT OR A PROCESS INVOLVING AN INVENTIVE STEP* AND CAPABLE OF INDUSTRIAL APPLICATION.

"INVENTIVE STEP" MEANS A FEATURE THAT MAKES THE INVENTION NOT OBVIOUS TO A PERSON SKILLED IN THE ART.

1. FRIVOLOUS OR OBVIOUS INVENTIONS.

2. INVENTIONS WHICH COULD BE CONTRARY TO LAW OR MORALITY OR INJURIOUS TO HUMAN, ANIMAL OR PLANT LIFE AND HEALTH OR TO THE ENVIRONMENT.

3. MERE DISCOVERY OF THE SCIENTIFIC PRINCIPLE OR THE FORMULATION OF AN ABSTRACT THEORY OR DISCOVERY OF ANY LIVING THING OR NON-LIVING SUBSTANCES OCCURING IN NATURE. .

4. MERE DISCOVERY OF ANY NEW PROPERTY OR MERE NEW USE FOR KNOWN SUBSTANCE OR THE MERE USE OF A KNOWN PROCESS, MACHINE OR APPARATUS- UNLESS RESULTS TO NEW PRODUCTS OR EMPLOYS ONE NEW REACTANT.

5. PRODUCING A NEW SUBSTANCE BY MERE ADMIXTURES OF SUBSTANCES

6. MERE ARRANGEMENT / REARRANGEMENT OR DUPLICATION OF KNOWN DEVICES FUNCTIONING INDEPENDENTLY.

7. METHOD OF AGRICULTURE AND HORTICULTURE

8. ANY PROCESS FOR THE MEDICINAL OR SURGICAL, CURATIVE PROPHYLACTIC, DIAGNOSTIC, THERAPEUTIC OR OTHER TREATMENT OF HUMAN BEINGS, ANIMALS TO RENDER THEM FREE OF DISEASE OR TO INCREASE THEIR ECONOMIC VALUE OR THAT OF THEIR PRODUCTS.

9. THE BIOLOGICAL PROCESSES FOR PRODUCTION OR PROPAGATION OF PLANTS AND ANIMALS IN WHOLE OR ANY PART THEREOF OTHER THAN MICRO-ORGANISMS BUT INCLUDING SEEDS, VARIETIES AND SPECIES (NEW PLANT VARIETIES CAN BE PROTECTED BY THE PROTECTION OF PLANT VARIETIES AND FARMERS ACT 2001).

10. A MATHEMATICAL OR BUSINESS METHOD OR ALGORITHMS

11. A COMPUTER PROGRAMME per se OTHER THAN ITS TECHNICAL APPLICATION TO INDUSTRY OR A COMBINATION WITH HARDWARE

12. ASTHETIC CREATION INCLUDING CINEMATOGRAPHY AND TELEVISION PRODUCTION.

13. METHOD FOR PERFORMING MENTAL ACT OR PLAYING GAME.

14. PRESENTATION OF INFORMATION.

15. TOPOGRAPHY OF INTEGRATED CIRCUITS. .

16. INVENTION WHICH IN EFFECT, IS TRADITIONAL KNOWLEDGE OR WHICH IS AN AGGREGATION OR DUPLICATION OF KNOWN PROPERTIES OF TRADITIONALLY KNOWN COMPONENTS.

17. INVENTIONS RELATING TO ATOMIC ENERGY.

TERM OF PATENT

20  YEARS  FROM   THE  DATE  OF  FILING  OF  APPLICATION.

FOR NATIONAL PHASE PCT APPLICATIONS THE TERM OF PATENT IS 20 YEARS FROM THE INTERNATIONAL FILING DATE ACCORDED UNDER PCT.

"PATENT   CO-OPERATION  TREATY"  MEANS  THE  PATENT   CO-OPERATION  TREATY  DONE  AT WASHINGTON  ON  THE   19^TH DAY  OF  JUNE  1970  AS  AMENDED   FROM  TIME  TO  TIME.  I.E.  IT   IS AN  AGREEMENT  FOR  INTERNATIONAL  CO-OPERATION  IN   THE  FIELD  OF  PATENTS . HOWEVER, IT  IS  LARGELY  A   TREATY  FOR  RATIONALIZATION  AND  CO-OPERATION  WITH   REGARD  TO  THE  FILING,  SEARCHING  AND  EXAMINATION   OF  PATENT.

ON  7^TH   DECEMBER  1998  INDIA  ACCEDED  TO  THE  PARIS   CONVENTION  AND  PATENT CO-OPERATION  TREATY.

1. THE SYSTEM IS A PATENT "FILING" SYSTEM, NOT A PATENT "GRANTING" SYSTEM. THERE IS "NO PCT PATENT".

2. THE SYSTEM PROVIDES FOR
   
   » AN INTERNATIONAL PHASE COMPRISING
   
   A. FILING OF THE INTERNATIONAL APPLICATION.
   B. INTERNATIONAL SEARCH.
   C. INTERNATIONAL PUBLICATION.
   
   » A NATIONAL/REGIONAL PHASE BEFORE DESIGNATED OFFICES.
   

3. THE DECISION ON GRANTING PATENTS IS TAKEN EXCLUSIVELY BY NATIONAL OR REGIONAL OFFICES IN THE NATIONAL PHASE

4. ONLY INVENTORS MAY BE PROTECTED VIA THE PCT BY APPLYING FOR PATENTS, UTILITY MODELS AND SIMILAR TITLES.

5. DESIGN AND TRADEMARK PROTECTION CANNOT BE OBTAINED VIA THE PCT.

6. THE PCT IS ADMINISTERED BY WIPO AS ARE OTHER INTERNATIONAL CONVENTIONS IN THE FIELD OF INDUSTRIAL PROPERTY, SUCH AS THE PARIS CONVENTION.
   

1. THE REQUEST*, WHICH INCLUDES
   
   A. NAME, ADDRESS, NATIONALITY OF INVENTOR(S) AND APPLICANT(S).
   

2. DESCRIPTION, DRAWINGS, CLAIMS AND ABSTRACT.

3. POWER OF ATTORNEY
   

THE APPLICATION MUST ALWAYS BE FILED IN A LANGUAGE, WHICH IS ACCEPTED BY THE RECEIVING OFFICE.