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patents in India

 PATENT


Patent is a monopoly right conferred by patent office on an inventor to exploit his invention for a limited period of time. i.e., 20 Years


In other words, patent is an exclusive right granted for an invention, which is a product or process that provides, in general, a new way of doing something or offers a new technical solution to a problem,


According to Section 2(1)(m), "Patent" means a patent for any invention granted under the Patents Act, 1970.

The first Patent Act of the U.S. Congress was passed on April 10, 1790, titled "An Act to promote the progress of useful Arts". The first patent under the Act was granted on July 31, 1790 to Samuel Hopkins for a method of producing potash (potassium carbonate). A revised patent law was passed in 1793, and in 1836 a major revision to the patent law was passed. The 1836 law instituted a significantly more rigorous application process, including the establishment of an examination system. Between 1790 and 1836 about ten thousand patents were granted. By the American Civil War about 80,000 patents had been granted.

OBJECT OF PATENT:


  • Promotion of innovation via the reward granted to the inventor 

  • Promotion of technology diffusion via publication and access to patents documents 

  • Promotion of international transfer of technology via international filings 

  • Promotion of transfer of technology via contractual mechanisms 

  • Promotion of wealth creation via the economic value of exclusive rights 

  • Promotion of competition via innovations behaviours Promote access to technology via public domain


RATIONALE OF PATENT SYSTEM:

- the patentee has to specify in the patent application about the invention with such clarity and completeness of all technical details

- any person having ordinary skill in the art should be able to carry out the invention by just reading the description.

- the disclosure of the Invention provides useful information to the public

- it avoids wasteful duplication of effort and the multiplication of costs 



SALIENT FEATURES OF PATENT ACT:


  • Both product and process patent provided.

  • Invention shall be useful, novel and something which is not obvious and shall be capable of getting used in Industry, if not then it may amount to revocation of patent.

  • Invention shall be new and shall not form part of Section 3 and 4, which provide for exceptions of ideas which cannot be patented.

  • Term of patent – 20 years (can be renewed) (in some case it may also be up to 7 years)

  • Patent Examination can be conducted on request.

  • Both pre-grant and post-grant opposition is enabled.

  • Fast track mechanism for disposal of appeals.

Values to protect integrity of Indian Constitution’s various clause such as Article 51-A of fundamental Duties is also taken into consideration by nurturing and keeping nature and rich heritage of culture in mind. Hence Provision for protection of biodiversity and traditional knowledge is specified in act.

Publication of applications after 18 months with facility for early publication enable getting patented rights as if it was registered from day if reasonableness of time is observed
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