What is Patent?

What is Patent?

A Patent is a monopoly right granted by the Act to the person who has invented the new and useful invention or the newness of an already existing article or any new process to the making of an old invention.

The modern period is the era of science and technology. Every person is working on new ideas and technology. So, it becomes important to reward the person, who innovates the new invention, by giving some monopoly rights over the invention. The patent act recognizes the right and duties of the patentee.

Who is Patentee?

The person who invents the new article or improvement in existing articles or a new process for making any old article is known as Patentee. 

History of Patent

The first patent was recognized in Ancient Greece in Sybaris. It was a grant in 1450 for the making of glass. The period for this was only for 10 years.

Objects of Patent

The main objective is to encourage scientific research, new technology, and the progress of industrialization. It is given for a specific time and after the expiry of the period, the patent will pass into the public domain.

Significance 

Research and development (R&D) are the key factors for the growth of County. Monopoly rights to patentee motivate him for more and more research in the field of technology development.

What are the patentable inventions?

The Patent act 1970 (Amended in 2005) defines the inventions as “any new process or product which involves the inventive step and which is capable for industrial applications.

There are three main points which must be followed:

Novelty

Novelty is the main subject of innovation. A novelty means any invention or technology which is not used before in the country or elsewhere, which is not anticipated by publication and should not fall in the public domain.

For instance, in a case, the USA patented the “turmeric” which was challenged on the ground that there is no novelty in the invention.

Non-obviousness

The merely obvious or modification of the prior articles that could be achieved without the lure of patent rights is not available for the Patent Rights. There must be some non-obviousness. Though its difficult to determine whether the given modification is a mere mechanical advancement in that article or the result of the meritorious invention.

Also, it is observed that even after the grant of a patent, it is open for the opposing party of that patent to prove that there were no inventive steps in the invention and therefore, the Patent authority can grant an interim injunction.

Industrial application

An article or invention must be capable of “industrial application” to grant the Patent. Though, the use may not be for-profit because it can be used for agriculture also.

Product Patent and Process Patent

Before the Patent Amendment Act 2005, the process patent was granted for the categories of food, drugs, and pharmaceuticals. But after the TRIPs, the changes were made in the act and the Act was shifted to Product patent.

Non-Patentable Inventions

Every invention is not patentable. The law forbids some categories to grant the patents:

  • An invention that is contrary to morality or public order.
  • Frivolous invention.
  • Discovery of living things.
  • Re-arrangement of known substances.
  • A method of agriculture.
  • Any process of medical treatment.
  • Plants and animals.
  • A mathematical or computer program.
  • A literary, musical or dramatic work.
  • Presentation of information.
  • Duplication of known properties of traditionally known components.
  • A method of playing the game.
  • Inventions relating to atomic energy.

Novartis Case

Who can apply for a patent?

  • The true or first inventor of the invention.
  • The assignee, legal representatives of the true inventor.

Provisional and Complete Specification

These are the forms of the specifications that have to be submitted to the controller with the application. Where the application is submitted with the provisional specification to the controller, the complete specification must be submitted within 12 months. If the person is failed to file, the application will be deemed to be rejected.

What is the anticipation?

Anticipation means if any person knows about or used the invention which is going to be Patented, that person can apply for the cancellation of the application filed by the person who claims his invention.

What is the term of Patent?

Before 2002, the term for the patent in India was 5 to 14 years according to the inventions. But after the 2005 amendment, the term was set up to “20 years”. 20 years shall be count from the date of applying.

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