2

We may be filing for a patent in India, and while our attorneys will be doing the heavy lifting, I was just curious about what major differences there are in the patent system between there and the United States.

I'm curious about general differences, but specifically,

  • Is the patent term 20 years in India too?
  • Any differences in claims language or the breadth of claims allowed?
  • Are prophetic experiments allowed in place of actual experiments?
  • Are biotech patents allowed to patent the gene itself or merely a method that uses / synthesizes the gene?

In case it matters, this is a biotech patent about a transgenic organism.

  • @curious_cat Thanks for your edits--much appreciated. I've gone ahead and reopened this for you. The second question ("differences in claims language") could be made a little more specific with an example of what sort of thing you're talking about, but I think this should be specific enough to get you an answer worthy of fulfilling a surface-level curiosity, if not one suitable to base a patent off of. – Matthew Haugen Feb 8 '16 at 8:25
1

Is the patent term 20 years in India too?

Yes, the patent term is 20 years from filing date of non-provisional or PCT application.

Any differences in claims language or the breadth of claims allowed?

No much difference can be expected as most of the claims in US and IN are same.

Are prophetic experiments allowed in place of actual experiments?

if you are trying to explain an alternate embodiment possible the prophetic experiments are allowed but for patenting a claim actual experimental date is required.

Are biotech patents allowed to patent the gene itself or merely a method that uses / synthesizes the gene?

No, isolated genes are not patentable but the process of synthesis is patentable.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.