PROCEDURE TO OBTAIN PATENT IN INDIA

About Authors:
Arshad Hala^*1, Prof. Rajesh Dholpuria¹, Nilesh sovasia^1
1 Seth G. L. Bihani S. D. College Of Technical Education,
Institute Of Pharmaceutical Sciences & Drug Research,
Gaganpath, Sri Ganganagar, Rajasthan 335001
*Arshad_hala@yahoo.com

ABSTRACT:
A patent is one of the forms of intellectual property. The object of patent law is to encourage scientific research, new technology and industrial progress. The grant of exclusive privilege to own, use or sell the method or product patented for a limited period, stimulates new inventions of commercial utility. The price of the grant of the monopoly is the disclosure of the invention at the patent office, which after the expiry of the period of monopoly, passes into public domain. An invention which must be new and useful. It must have novelty and utility. The patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonable practicable without undue delay. So true inventor required to know how to get patent in india and other countries through his self or legal representative. Without patent no one use, sell, and research on invention.This review looks into procedure to obtain patent in india.

REFERENCE ID: PHARMATUTOR-ART-1467

INTRODUCTION:-
Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce.
Intellectual property is divided into two categories: industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source: and Copyright, which includes literary and artistic works such as novels, poems, plays, films and musical works etc. According to the TRIPS Agreement, the intellectual property has been classified into-Patents, Industrial Designs, Trade Marks, Copyright, Geographical Indications, Layout Designs of Integrated Circuits, and Protection of Undisclosed Information/Trade Secrets. Different IP Rights vary in the protection they provide.³

WHAT IS PATENTS
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes. The purpose of this system is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. Under the system, Patents ensure property rights (legal title) for the invention for which patent have been granted, which may be extremely valuable to an individual or a Company. One should make the fullest possible use of the Patent System and the benefits it provides. Patent right is territorial in nature and a patent obtained in one country is not enforceable in other country. The inventors/their assignees are required to file separate patent applications in different countries for obtaining the patent in that countries.³

LEGISLATION
The Patent System in India is governed by the Patents Act, 1970 (No. 39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006 effective from 05-05-2006.³

THE OFFICE OF CONTROLLER OF PATENTS
The Controller of Patents is the principal officer responsible for administering the patent system in India. The Controller is the overall supervisor of the four Patent Offices in Chennai, Delhi, Mumbai and Kolkata. Since the Controller also acts as the Registrar of Trademarks with the Head Office of Trade Marks in Mumbai the Controller of Patents functions from his office in Mumbai. Officially, the Head Office of Patents is in Kolkata (Calcutta). The Examiners of Patents appointed under the Patents Act and other officers of the Patent Office discharge their functions under the direction of the Controller.

The hierarchy of the officers at the Patent Office is illustrated below:

Figure 1: The hierarchy of the officers at the Patent Office

INTERNATIONAL TREATIES
India is a member-state of Word Intellectual Property Organisation (WIPO), an International Organisation, responsible for the promotion of the protection of intellectual property throughout the world. India is a member of the following International Organisations and Treaties in respect of Patents:
·         World Trade Organization (WTO) with effect from 01-01 -1995.
·         Convention establishing World Intellectual Property Organisation, (WIPO).
·         Paris Convention for the protection of Industrial Property with effect from Dec.7, 1998.
·         Patent Co-operation Treaty (PCT) with effect from Dec.7, 1998.
·         Budapest Treaty with effect from 17th December, 2001. ²

TYPES OF PATENT APPLICATIONS
Ordinary Patent Application
It is a simple application for patent without any priority claim and not being convention or National Phase Application. It should be accompanied by a provisional or complete specification at the time of filing.

Divisional Application
In case of plurality of inventions disclosed in the main application
Patent of Addition
Which may be filed subsequent to the Filing of an Application for Patent, for an improvement or modification.²

Convention Application 
An applicant who files an application (.basic application.) for patent in a convention country can make convention application in India within 12 months from the date of basic application.²

National Phase Application under PCT
PCT stands for the Patent Co-operation Treaty. It is a sister treaty of the Paris Convention administered by the World Intellectual Property Organization (WIPO). The PCT system facilitates filing of patent applications under a single umbrella and provides for simplified procedure for the search and examination of such applications. This allows a resident or national of a PCT member state to obtain the effect of patent filings in any or all of the PCT countries and to defer the bulk of filing costs usually due on filing. India became a PCT Contracting state on December 7, 1998.²

Since December 7, 1998, it is possible to designate India in PCT applications and to elect India in the demand for preliminary examination.

If India is a designated country in the PCT application and is also elected in the demand for preliminary examination filed within 19 months of the priority date, then the deadline for entry into the National Phase in India is 31 months from the Priority Date. If the applicant does not so elect India in the demand for preliminary examination, then the deadline for entry into the National Phase in India is 21 months from the Priority Date. Therefore, all applicants who have designated India in their PCT application filed on or after December 7, 1998, will be able to file PCT National Phase applications in India.²

Figure 2: Process involve in pct

First the applicant would file the application with a so called receiving office. That is usually the office in the home country of the applicant. It can however be another national office or a regional office and it can also be the international bureau in Geneva. So, it can happen that the international bureau gets involved at this very early stage, but is not very common.⁹

As for the second step, that is the International Search, at present there are only eleven offices specially appointed by the PCT assembly that are entitled to carry out international searches. These offices, called international search authorities, have been selected according to certain criteria, and they render services to applicants under the PCT system, depending, in the case of some of them, on the language in which they work. So they are not all available to all PCT applicants who file PCT applications. For example, the Japanese, so it is not available to applicants who file their applications in English, French, or German. The same is true of the Spanish patent and trademark office, which works only in Spanish. Some other offices on the other hand work in four, five or even six different languages.

The next step, Publication, is handled entirely by the International Bureau in Geneva. This is actually the only PCT function for which WIPO is exclusively responsible. The organization publishes all PCT applications, wherever they come from and in whatever language they have been filed.

The fourth step is international preliminary examination, and for that WIPO would usually go back to the office that carried out the international search. And at the end of the international phase, or rather when moving into the national phase-and this is something else that the international bureau is not involved in-the applicant has to approach each of the offices directly and provide the necessary documentation. One could say, however that the international bureau has some behind the scenes involvement in the overall procedure, because it is responsible for making certain documents available to offices, to the applicant and so on, and for communicating certain documents at certain times under the provisions of the treaty. So, even though the international bureau does not actually carry out much of the substantive work, it is nonetheless involved somehow in this phase, whatever happens to the application. It relies on the offices concerned to provides it with the documents, and then acts on them as they come in.⁹

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PERSONS ENTITLED TO APPLY FOR PATENT IN INDIA
An application for a patent for an invention may be made by any of the following persons either alone or jointly with another
·         True and first Inventor
·         His/her assignee
·         Legal representative of deceased inventor or assignee.²

General Precautions for Applicant
The first to file system is employed, in which, among persons having filed the same invention, first one is granted a patent, therefore, a patent application should be filed promptly after conceiving the invention. It is common experience that through ignorance of patent law, inventors act unknowingly and jeopardize the chance of obtaining patents for their inventions. The most common of these indiscretions is to publish their inventions in newspapers or scientific and technical journals, before applying for patents. Publication of an invention, even by the inventor himself, would (except under certain rare circumstances) constitute a bar for the subsequent patenting of it. Similarly, the use of the invention in Public, or the commercial use of the invention, prior to the date of filing patent application would be a fatal objection to the grant of a patent for such invention, thereafter. There is, however, no objection to the secret working of the invention by way of reasonable trial or experiment, or to the disclosure of the invention to others, confidentially.

Another mistake, which is frequently made by the inventors, is to wait until their inventions are fully developed for commercial working, before applying for patents. It is, therefore, advisable to apply for a patent as soon as the inventor's idea of the nature of the invention has taken a definite shape.

It is permissible to file an application for a patent accompanied by a "Provisional Specification" describing the invention. The application may, therefore, be made even before the full details of working of the invention are developed. The filing of an application for a patent disclosing the invention would secure priority date of the invention, and thereby, enable the inventor to work out the practical details of the invention and to file complete specification within 12 months from the date of filing of provisional specification.³

WHAT IS PATENTABLE INVENTION
A new product or process, involving an inventive step and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria –
·         Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
·         Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.
·         Industrially applicable: Invention should possess utility, so that it can be made or used in a industry.³

FILING OF A PATENT APPLICATION
A patent application shall be filed on Form-1 along with Provisional / Complete Specification, with the prescribed fee as given in First Schedule at an appropriate office. However, a provisional specification cannot be filed in case of a Convention Application (either directly or through PCT routes). Normal fee shall be applicable for applications containing upto thirty pages in specification and upto 10 claims. If the specification exceeds thirty pages or claims are more than ten in number, additional fee as given in First Schedule is payable.^{3, 6,7}

Contents of Patent Application
A patent application should contain:
·         Application for grant of patent in Form-1.

·         Applicant has to obtain a proof of right to file the application from the inventor. The Proof of Right is either an endorsement at the end of the Application Form-1 or a separate assignment.

·         Provisional / complete specification in Form-2.

·         Statement and undertaking under Section 8 in Form- 3, if applicable. An applicant must file Form 3 either along with the application or within 6 months from the date of application.

·         Declaration as to inventorship shall be filed in Form-5 for Applications accompanying a Complete Specification or a Convention Application or a PCT Application designating India. However, the Controller may allow Form-5 to be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.

·         Power of authority in Form-26, if filed through a Patent Agent. In case a general power of authority has already been filed in another application, a self attested copy of the same may be filed by the Agent. In case the original general power of authority has been filed in another jurisdiction, that fact may also be mentioned in the self attested copy.^3,6,7

Provisional Specification
The Specification (provisional or complete) is to be submitted in Form-2 along with the Application in Form-1 and other documents, in duplicate, along with the prescribed fee as given in the First Schedule. The first page of the Form 2 shall contain:
·         Title of the invention;
·         Name, address and nationality of each of the applicants for the Patent; and
·         Preamble to the description. A Provisional Specification is not a rough draft or a skeleton of the Complete Specification. The Complete Specification, which follows a Provisional Specification, does not replace the latter. Both are permanent and separate documents and remain so in the file.^3,6,7

Complete Specification
The main objective of complete specification is that it should enable a person skilled in the art to make the invention. The Manual on Patent Procedures, 2005 specifies that a complete specification should contain:
·         Title
·         Field of Invention
·         State of art in the field
·         Object of invention
·         Statement of Invention
·         Detailed description of the invention with reference to the drawings
·         Scope and ambit of the invention
·         Claims, and
·         Abstract

Claims
Claims define the contours of rights, if and when a patent is granted for an invention. Hence, claims are the most critical part of a Patent Application. In a complete specification the description is followed by claims. Since, claims define the scope of legal protection, it is suggested that they should be drafted carefully to cover all the aspects of the protection being sought at the same time adequately distinguishing the prior art from the claimed invention.^{3, 6, 7}

PUBLICATION OF PATENT APPLICATION
1. An Application for Patent is not open to public before the expiry of 18 months from the date of filing or date of priority, whichever is earlier.

2. At the end of 18 months period from the date of filing or from the date of priority whichever is earlier,
·         The Application is published in the Official Journal except in the cases where: Secrecy direction u/s 35 is in force.
·         Application abandoned u/s 9(1) (i.e., complete Specification not filed within twelve months from the date of filing of Provisional Specification).
·         Withdrawn three months prior to the publication period, i.e., before the end of 15th month from the date of filing or priority, whichever is earlier. This will apply for National Phase entry of PCT Applications as well, if such application has been filed in India before the expiry of 15 months from the date of priority.

3. The Patent Office publishes the Application in the Official e-Journal ordinarily within one month from the date of expiry of 18 months from the date of filing or priority, whichever is earlier.

4. In cases, where a secrecy direction has been given, the Application is published, when the secrecy direction is revoked subject to the expiry of the 18- month period.

5. No application will be published unless a power of authority, if applicable, is filed. ^{3, 6, 7}

Early Publication
·         A request for early publication may be made in Form-9 with the prescribed fee of Rs.2,500/- for natural person(s) or Rs.10,000 for legal entity other than natural person(s).

·         The request for early publication will be considered if it does not pertain to subject matter relevant for defence or atomic energy.

·         Where a request under (a) above is made, the application is published within one month from the date of such request.^3,6,7

Particulars of Publication
The official Patent Office Journal is published on every Friday with the following particulars:
·         Application number
·         Date of filing
·         Title of invention
·         Publication date
·         International Patent Classification
·         Name and address of the applicant
·         Name of the inventor(s)
·         Priority details like priority document number, date, country etc.
·         Reference to Patent of Addition / Divisional Application along with filing date of the parent Application.
·         Abstract
·         No. of claims
·         Drawings (if any)

REQUEST FOR EXAMINATION
·         An Application for a Patent will not be examined unless the applicant or any other person interested makes a request for examination. The request is to be filed in Form 18 with the fee as prescribed in First Schedule.
·         A request for examination has to be made within forty eight months from the date of priority of the application or from the date of filing of the application, whichever is earlier. If no such request for examination is filed within the prescribed time limit, the application shall be treated as withdrawn by the applicant.
·         In a case where secrecy direction has been issued under Section 35, the request for examination may be made within six months from the date of revocation of the secrecy direction, or within forty-eight months from the date of filing or priority, whichever is later.
·         The Office will not examine an application unless it is published and a request for examination is filed.'
·         When a request for examination is filed by a person interested other than the applicant, the Examination Report is sent to the applicant only, and intimation is given to the person interested.

EXAMINATION OF APPLICATION:-
1. Once a request for examination is received, and the application is published under section 11A, the application is taken up for Examination in the chronological order of filing of request for examination.

2. The patent application is referred to an Examiner by the Controller for conducting the formal as well as substantive examination as per the subject matter of the invention vis-à-vis the area of specialization of the Examiner. At present, the Patent Office has four examination groups based on the broad area of specialization viz.:
·         Chemistry and allied subjects.
·         Biotechnology, Microbiology and allied subjects.
·         Electrical, Electronics & related subject
·         Mechanical and other subjects.

The reference to the Examiner is made ordinarily within one month from the date of publication or one month from the date of request for examination, whichever is later, and is made in order in which the request is filed.

3. When an application is referred by the Controller, the Examiner makes a report on the patentability as well as other matters ordinarily within one month but not exceeding three months from the date of such reference.^{3, 6, 7.}

Search for Anticipation by Previous Publication and Prior Claiming.
1. The examiner conducts a search in the Indian Patent Database, starting from 1.1.1912, and all the patent databases of other countries such as: EPO database, WIPO database, USPTO database, JPO DATABASE, TKDL (Traditional Knowledge Digital Library) and other paid databases. In addition to the above, PCT Minimum required patent and non-patent literature is searched. The search is conducted to find out any publication which may anticipate the claimed subject matter. Another objective of the search is to ascertain whether an invention as claimed in any claims of the complete specification has been claimed in any claim of any other complete specification, filed in India, which has been published on or after the date of filing of the applicant‘s complete specification.

2. The search is conducted with respect to the date of filing of complete specification.

3. The examiner records in his noting, the following items:
·         International classification.
·         Search strategy adopted.
·         Key word(s) used.
·         Databases consulted for both Patent and non Patent literature.
·         List of search queries.
·         Prior art findings and analysis regarding the patentability.
·         Limitation on search if any, such as non clarity of claims or multiplicity of inventions or any other reason due to which a reasonable search cannot be conducted. ^3,6,7

First Examination Report
Upon receiving a request for examination (RFE), the Controller shall task an examiner with preparing a First Examination Report (FER).The examiner has to prepare the FER within about one month and not more than three months from the date of application. The Controller shall dispose of the examiner’s report ordinarily within a month from the date of receipt. The FER, along with application and specification, shall be sent to the applicant within a period of six months from the date of request for examination or from the date of publication, whichever is later and an intimation of such examination is to be made to the ‘interested person’ if he or she had filed RFE.^3,6,7

Putting Application in Order for Grant
If certain objections are stated in the report of the examiner, the applicant has a time span of twelve months to put the application in order for grant. The applicant has the option of either amending the application or complete specification as the case may be or by raising arguments. If the applicant is not able to comply within the time stipulated, the application is deemed to have been abandoned.

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PREGRANT OPPOSITION
Where an application for a patent has been published but a patent has not been granted, any person may, in writing represent by way of opposition to the Controller against the grant of any Patent. The representation shall be filed at the appropriate office and shall include a statement and evidence, if any, in support of the representation and a request for hearing if so desired.

The above representation may be made on the following grounds
1. That the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims;

2. That the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim—
·         in any specification filed in pursuance of an application for a patent made in India on or after the 1^st day of January, 1912; or (ii) in India or elsewhere, in any other document: Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29;

3.  that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant's claim;"

4. that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim.

Explanation —For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only;

5. that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the applicant's claim;

6. That the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act;

7. That the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed;

8. That the applicant has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge;
·         that in the case of convention application, the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title;

9. That the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention;

10. that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground.

The Controller shall, if requested by such person for being heard, hear him and dispose of such representation. If the opposition is decided in favour of the applicant, the patent is granted and the grant of Patent is published in the Patent Office Journal thereby opening the application, specification and other related documents for public inspection on payment of prescribed fee.^{3, 6, 7}

GRANT OF PATENT
When all the requirements of the FER are met or in case of opposition under section 25(1),if the opposition is decided in favour of the applicant ,the patent is granted, after 6 months from the date of publication under section 11 A, the letter patent is issued, entry is made in the register of patents and it is notified in the Patent Office, Journal, thereafter opening the application ,specification and other related documents for public inspection on payment of prescribed fee.³

TERM AND DATE OF PATENT
Term of every patent will be 20 years from the date of filing of patent application, irrespective of whether it is filled with provisional or complete specification. Date of patent is the date on which the application for patent is filed.³

POST_GRANT OPPOSITION:
Any interested person can file notice of opposition (along with written statement and evidence, if any) anytime after the grant of Patent but before the expiry of a period of one year from the date of publication of grant of a Patent in the Patent Office Journal .The above notice under Section 25(2) shall be filed on Form-7 along with a fee of Rs. 1500/ or Rs. 6000/- for natural person and other than natural person respectively, in duplicate at the appropriate office. The grounds of opposition under section 25 (2) are the same as given before in case of pre grant opposition. The post grant opposition is decided by an Opposition Board followed by a hearing and the reasoned decision by the Controller.³

RIGHTS OF THE PATENTEE
Where a patent covers a product, the grant of patent gives the patentee the exclusive right to prevent others from performing, without authorization, the act of making, using, offering for sale, selling or importing that product for the above purpose.

Where a patent covers a process, the patentee has the exclusive right to exclude others from performing, without his authorization, the act of using that process, using and offering for sale, selling or importing for those purposes, the product obtained directly by that process in India. These rights created by statute are circumscribed by various conditions and limitations as provided in the Patents Act, 1970 as amended by The Patents (amendment) Act, 2002.³

REGISTER OF PATENT
The Register of Patents is kept in the Patent offices and can be inspected or extract from it can be obtained on payment of prescribed fee. Register of Patent contains the name and address of the patentee, notification of assignment etc., particulars in respect of validity or proprietorship of patent and payment of renewal fee.³

RENEWAL FEE
To keep the patent in force, Renewal fee is to be paid every year. The first renewal fee is payable for the third year and must be paid before the expiration of the second year from the date of patent If the patent has not been granted within two years the renewal fees may be accumulated and paid immediately after the patent is granted, or within three months of its recordal in Register of Patents or within extended period of 9 months ,by paying extension fees of six month on Form 4, from the date of recorded. If the renewal fee is not paid within the prescribed time, the patent will cease to have effect. However, provision to restore the patent is possible provided application is made within eighteen months from the date of cessation.

Renewal fee is counted from the date of filing of the Patent application. Six month's grace time is available with extension fee for payment of renewal fee. No renewal fees is payable on Patents of Addition, unless the original patent is revoked and if the Patent of Addition is converted into an independent patent; renewal fee, then, becomes payable for the remainder of the term of the main patent.³

RESTORATION
Application for restoration of a patent that lapses due to non-payment of renewal fees must be made within 18 months of lapse. The application is to be filed in the appropriate office according to the jurisdiction.³

CONCLUSION
Encouragement, inducement and reward are the main factor helps the patent system. It encourages research and invention. It induces an inventor to disclose his discoveries instead of keeping them a secret. It offers a reward for the expense of developing inventions. Thus the presence of a strong and effective patent system may bring numerous benefits such as the distribution of information and providing a motivation to invest in the development of new products and process which will eventually help to the human being.

DOCUMENTS REQUIRED FOR FILING AN APPLICATION
·         Form.1: Application form in duplicate.
·         Form.2: Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.
·         Form.4: Request for extension of time.
·         Drawing in duplicate (if necessary).
·         Abstract of the invention in duplicate.
·         Priority document (if priority date is claimed) in convention application, when directed by the Controller.
·         Form.5: Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application.
·         Form.26: Power of attorney (if filed through Patent Agent).
·         Fee (to be paid in cash/by cheque/by demand draft).³

Table 1: FEE STRUCTURE4

REFERENCE
1. Bare Act, 2006. The Patent act, 1970 (39 of 1970) the patent (Amendment) Act, 2005 (15 of 2005) along with the patents Rules, 2003 as amended by the patents (amendment) rules, 2005(1st January, 2005). New delhi: Universal law publishing co. Pvt. Ltd.
2. India Juris. Patent & trade mark guide in india. New delhi:  India Juris -Advocates & Corporate Legal Consultants Trade Mark & Patent Attorneys. Available from:  https://www.indiajuris.com/pdf/ptbook.pdf
3. Intellectual property india. General Information for filing Patent application in India. Mumbai: Controller general of patent, design and trademark. Available from: ipindia.nic.in/ipr/patent/patents_filing.pdf
4. Intellectual property india. Forms and Fees. Mumbai: Controller general of patent, design and trademark. Available from: https://ipindia.nic.in/ipr/patent/patent_FormsFees/index.htm
5. Intellectual property india, Version 01.11, 22 march 2011. Manual of patent office practice and procedure. Mumbai: The office of controller general of patent, design and procedure. Availablefrom: ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20%20pdf/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure.pdf
6. Intellectual property india, 2009. Patent office procedure. Mumbai: The office of controller general of patent, design and procedure. Available from: altacit.com/pdf/Patent%20Procedure.pdf
7. Intellectual property owner association. Patent procurement in india. New delhi: Intellectual property owner association. Availablefrom: ipo.org/AM/Template.cfm?Section=Home&Template=/CM/ContentDisplay.cfm&ContentID=15238
8. Jain, N.K. Forensic pharmacy. New Delhi: Vallabh Prakashan. Page No.: 302-376
9. World Intellectual Property Organization. Geneva: WIPO. Available from: wipo.int/pct/en/texts/articles/atoc.htm

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