Patent Means : A government authority or license conferring a right or title for a set period especially the sole right to exclude others from making, using or selling an invention. In General Terms Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use and sell an invention for a specified number of years.
History Of Patent Law – Starts from 1911 when the Indian patents and designs act, 1911 was enacted the present Patent Act 1970 came into force in the year 1972. Amending and consolidating the existing law relating to patents in India.
An Overview of Patent Law in India :
The patent system is at the root of economic productivity and growth. The U.S constitution establishes a system for providing an ” Exclusive Right” for a limited time in order to supply an incentive to invent and discover new things.
Who is Patentable ?
To Qualify for a patent, the invention must meet there basic tests.
First : It must be Novel, Means that the invention did not previously exist.
Second : The invention on must be Non – Obvious, which means that the invention must be significant improvement to existing technology. Simple changes to previously known devices do not comprise a patentable invention.
Finally the proposal invention must be useful. Legal experts commonly interpret that no patent will be granted for inventions that can be used for an illegal or immoral purpose.
In India : In India, as per the Patent Act, of 1970, an application for a patent may be made by the actual inventor, of the invention, or an assignee of the right to make an application or a legal representative of either. An application for a Patent in the prescribed fee should be field in appropriate office of the patent office.
How can you get Patent in India for your project, Idea or a concept ?
Step 1 – Write down the invention (idea or concept) with as much details as possible. Collect all information about your invention such as :
– Area Of Invention
– How does it works
– Description of the invention
– Advantages of the invention
Step 2 – Includes drawings, diagrams or sketches explaining working of invention.
Step 3 – Check whether the invention is patentable subject matter.
Step 4 – Patentability Search : Novelty , Enabling , Industrial application , Non – Obviousness as per India Patent Act.
Step 5 – Draft Patent Application
Step 6 – Publication Of Application – The application is publish after 18 months of first filing.
Step 7 – Request For Examination.
Step 8 – Respond to Objections.
Step 9 – Clearing all objections.
Step 10 – Grant Of Patent.
Requirements For Patentability the Five Requirements for patentability are :-
– Patent Subject – Matter
– Non – Obviousness
A patent grants the Patent holder the exclusive right to exclude others from making, using, importing, and selling the patented innovation for a limited period of time. The patent Act, 1970 was again amended by the patents (amendments) Act, 2005. Wherein product patent was extended to all fields of technology including food, drugs, chemicals etc. After the amendments the provision relating to exclusive Marketing Rights (EMRs) have been Repealed, the provisions relating to pre – grant and post – grant opposition have been introduced.
Advantages Of Getting a Patent : –
– A patent gives you the right to stop others from copying, Manufacturing or selling or importing your invention without your permission.
– You get protection for a pre – determining period.
– You can then are your invention yourself.
– Alternatively, you can license your patent for others to use it, or to sell it.
Disadvantages Of Getting a Patent : –
– You will need to remember to pay your annual fee or your patent will lapse.
– Applying for a Patent can be a very time – consuming, and lengthy process.
– You’ll Need to be prepared to defend your patent. Taking action against an infringement can be very expensive.
– On the other hand, a patent can act as a deterrent, making defence unnecessary.
– The patent application will be fully searched and examined by a patent examine in the usual way, but the applicant may request that search examination.
Conclusion : –
India has always acknowledged the importance of a strong patent system for the development of industry or commerce, which is evident for the amendments done to bring. India at par with the modern world. With the promulgation of the product Patent Regime in India, Most of the countries are now looking for business opportunities. There has been a considerable rise in the patent filing, innovators and inventors from all fields of technology are keep on protecting their intellectual property. The Indian Patents Rules, 2003 has been amended by way of patents ( Amendments ) Rules, 2016.
The amendment comes into effect on May 16, 2016. The current amendment is substantial and can certainly have an impact on the patent filing and prosecution strategy.
Neha Khatri (Advocate)
(DELHI HIGH COURT)
Master of Law (LL.M.)
UNIVERSITY OF PETROLEUM AND ENERGY