The Indian Patent system confers certain definite advantages to the inventor. The incentive for technological innovations is monitory reward. In India a patent for invention has always be in the sole creation of statutes. The current law and practice relating to patents is contained in the Patents Act 1970, and the Patent Rules 1972. A patent can be obtained only for invention, which is new and useful. A patent granted confers on the patentee the exclusive right to use the invention during the term of the patent. The patentee may assign his rights or grand licenses to use the inventions. There is an obligation cast on the patentee to work the invention on a commercial scale either by him or through licensees. The legal remedy against infringement of patent rights consists in court injunction restraining the infringer from using the invention, and damages on account of profits. This may be obtained in a suit for infringement filed in a District Court.

True and first inventor is a person who first made the invention and applied for the patent. If two persons have independently made the same invention and neither has used or disclosed it to the world, the one who applies first for the patent will be considered in law the true and first inventor although the other might have made it earlier in point of time.

The application for a patent should be filed at the appropriate office of the patent office as defined in the Patent Act, and Rules based on residents or principal place of business. On filing the complete specification the application for patent will be examined by the patent examiner and he will submit a report. After the applicants have complied with all the requirements of the office within the time limit, the controller may accept the complete specification. On acceptance of the complete specification the controller will allot a serial number to the application, which will be the number of the patent when granted. The fact of acceptance of the complete specification will be advertised in the Official Gazette, and thereafter the application and specification will be open to public inspection. Any person interested may give notice of opposition to the application within three months from the date of advertisement in the Official Gazette, the controller of patents will decide the opposition after giving the parties concerned an opportunity to be heard. If the opposition has been finally decided in favour of the applicant, and there is no ground for refusing the application, the patent will be granted to the applicant on request made for the purpose and the patent sealed and entered in the Register. The patent will be dated as of the date on which the complete specification is filed