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Application for registration of Patents shall be made to the Registrar of Patents in Form I of the Patents Act, 1970. The application should be accompanied by provisional or final specification. Where a provisional specification is filed the complete specification should be filed within 12 months of the date of application.

Every application shall be in respect of one invention only. An application for registration can be made only by the true inventor or assignee of the invention.

The term invention under the Act, means any new and useful --

1. Art, process, method or manner of manufacture;
2. Machine, apparatus or other article;
3. Substance produced by manufacture,

The Act prohibits certain types of inventions from being registered under the Act. These inventions have been specified in Section 3 of the Act.

Specification is a document describing the invention and its operation or use and the best possible method by which it is to be performed. Every specification shall begin with a title sufficiently indicating the subject-matter to which the invention relates and end with a claim or claims defining the scope of the invention for which protection is claimed.

The Complete Specification should have a priority date from which the claim in respect of the right over invention is claimed. Usually the priority date for any invention shall be the date of application.

When an application and the complete specification have been filed with the authorities, the application and the complete specification will be referred to an Examiner for making a report in respect of the following matters:

1. Whether the application and the specification are in accordance with the requirements of the Act and Rules made thereunder.
2. Whether there is any lawful ground for refusal of the application.
3. Investigation under Section 13 of the Act i.e. to ascertain whether the invention claimed in the application is not published or claimed in any specification filed prior to the date of application.
4. Any other matter which may be prescribed.

The examiner is required to submit within 18 months from the date of application for registration of the patent.

On acceptance of the application and the complete specification, the Controller of Patents will give a notice to the application. He shall also advertise the application in the Official Gazette.

Upon advertisement of the application, the application, specification and any drawings filed therewith shall be open for public inspection.

• Opposition to grant of Patent

At any time within four months from the date of advertisement of the acceptance of the complete specification any person interested may give notice to the Controller of opposition to the grant of the patent.