The small industry has generally been shy of filing patents mainly because of their ignorance regarding what is patentable and also because they consider it to be a herculean task. With government's promise to open a National Patent Office in the Capital, which will not only provide single-window clearances to patent applications but will also disseminate information regarding patents, the situation is expected to improve substantially. Obtaining patent for their products in foreigncountries has distinct advantages for the SMEs as it helps to make their products acceptable in the international market. "There are a number of entrepreneurs who have understood the importance of patenting. Among others, exporters of self-developed or improved technologies can increase their sales substantially if they go in for patenting," says Mahendra P Bhatnagar, member of the International Association for Advancement of Teaching and Research in Intellectual Property.

The period for which an applicant gets patent rights in a particular country under PCT is guided by the domestic patent law, according to A R Lall, president, Institute of Intellectual Property, Research and Practice. At present, about one third of the patent applications filed by Indian applicants are for getting patents within the country. "When compared to the international figures, there exists a disbalance which needs to be corrected. Indian entrepreneurs should try to benefit from the PCT by changing their mindset and going in forinternational patents," says John Richards, a patent attorney in Ladas & Parry, a U S-based consultancy.

Richards feels that it is necessary to introduce patent as a subject in the teaching curriculum throughout the country to make the Indian entrepreneur understand the advantages of the PCT. Ramesh Mehta, convenor of the IIT Delhi-Intellectual Property Rights Standing Committee and a registered patent agent, agrees. "There is a sea-change in the economic and technological environment in the post GATT world. The Trips agreement, restrictions on dual use technologies, marketing territorial restrictions and non-tariff barriers have thrown many challenges and opportunities for entrepreneurs. Obtaining patents is a way to protect investments."

Though gradually, awareness seems to be growing among Indians. After signing of the TRIPS Agreement in 1994, the number of patent applications filed in India has grown from 3,720 in 1993 to about 8,500 upto September 1997.

According to Mehta, if the product or ideasatisfies four necessary conditions, then getting it patented is not a problem.

First and foremost condition is that the inventions should be patentable i.e. it should not be something abstract for which a patent cannot be granted. Secondly, it should satisfy the condition of novelty which means that the object should not have been either patented, or exhibited or put into commercial use etc. before the date of the filing of the application.

The third condition is that of non-obviousness. The final condition is that the invention should be used for industrial application.

Mehta says that as the patent applicants had pleaded that they will be losing money, time and also novelty if they have to demonstrate industrial applicability, the patent office has granted that intentions to have industrial application will suffice. For obtaining patent in India, a person has to file an application for a patent accompanied by either a provisional or a complete specification. In case of a provisional specificationaccompanying the application, the complete specification should also be filed. Then the application is examined in the patent office and acceptance of the application and advertisement of such acceptance is given in the official Gazette. If there is any opposition to the grant of the patent, the applicant has to overcome it. Finally, the patent is sealed and granted by the head office in Calcutta. With the signing of the PCT, the procedure for filing for international patent applications has also become simple (see box). The PCT provides for the filing of a single international application in one language, having effect in each of the countries party to the PCT which the applicant designates in his application for patent protection. An advantage offered by the PCT is that it simplifies procedures and reduces costs for owners of new inventions who apply for patent protection in multiple countries.

According to Mehta, one should be very careful while drafting the patent application as anything that is notincluded in the draft does not get protection. A patent attorney can help in the drafting process. Says Mehta, "In absence of professional help a claim may be narrowed down by the applicant which ought to have been broader. It may also not carry the preferred embodiments."

To prevent granting of a patent for a product which is already in use, Indian entrepreneurs should go through the official Gazette regularly to see who is filing for patents and for what. In case they want to oppose the grant of a patent, they should give notice to the controller at the appropriate office of the Patent Office. Says Mehta, "It is the easiest to oppose a patent at that stage. After a patent is granted it becomes difficult to revoke it."

The opposition notice has to be written in the prescribed Form 15 along with the prescribed fee of Rs 300 at any time within a period of four months from the date of advertisement of the acceptance of the complete specification. The Controller, on the receipt of a notice of opposition,notifies the applicant.

The opponent and the applicant are required to file their statements and evidence and they are given an opportunity of being heard before the case is finally decided. As India has already signed the PCT, there is no time for the Indian entrepreneurs to sit in introspection. To get the maximum advantage out of the treaty, they have to act fast. It is the early bird who will finally get the worm.