Patents
Introduction The objective and purpose of patent law is to encourage scientific research, new technology and industrial projects. Grant of exclusive rights to own, use or sell the method or the product patented for a limited period stimulates new invention of commercial utility. The fundamental principle of Patents Act, 1970 is that the patent is granted for that invention which is new and useful. It must have the novelty and utility. It is essential for the validity of the patent that it must be the investor’s own discovery as opposed to mere verification of what was already known before the date of patent. Patents Act, 1970 was made to protect Indian drugs, pharmaceuticals, chemical industries and Indian agriculture from foreign competition. In some cases only process can be patented but product cannot be patented i.e., in cases where only process is patentable, manufacture of that product by different process by another person is not an offence under the Patents Act, 1970. Meaning of Patent Patent means a patent granted under the Patents Act, 1970. Patents is a grant from Government which confers on the grantee, for limited period of time, the exclusive privileges of making, selling and using the invention for which patent has been granted and also of authorizing others to do so. A patent is a contract between the society as a whole and individual inventor. The inventor gets the exclusive rights to prevent others from making, using selling a patented invention for a fixed period of time, in return for the investors disclosing the details of invention to the public. In this way, inventor is rewarded for his/her endeavours and he is encouraged to disclose the benefits arising out of his/her invention. Patent rights are granted only to new inventions capable of industrial application. The document in the prescribed form duly signed by the concerned authorities and seal is called the patent. A patent right is a property which can be bought, sold, hired or licensed. What can be patented? Any “invention” may be patented. “Invention” means new product or process involving an “inventing step” and “capable of industrial application”. “Inventing Step” means a feature that makes the invention not obvious to a person skilled in that art. “Capable of Industrial Application” in relation to invention means that the invention is capable of being made or used in the industry. Thus, “Patentable Invention” is an invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However it must not fall in to the categories of inventions that are non-patentable under section 3 and 4 of the Patents Act, 1970. What cannot be patented? Anything, which is not an invention, cannot be patented. Patents Act, 1970 provides that the following shall not be covered under the concept of invention: If its use is contrary to law or morality. Mere discovery. Aggregation of properties by mere mixture of 2 or more things. Re-arrangement or duplication. A method of agriculture or horticulture. Any process for the medical, surgical, diagnostic or other treatment of human beings or animals. Plants and animals other than micro-organisms but including seeds, spices, and other biological processes. Literary, dramatic, musical or artistic work or cinematographic films or any other aesthetic creation. A mathematical or business method or computer programs. Method of performing any mental act or method of playing any game. A presentation of information. Topography of integrated circuits. Inventions based on traditional knowledge. Inventions relating to atomic energy Mere new form or new property or new use of an existing drugs, chemicals, or other substances, until and unless it results in enhancement in quality or efficacy. Who can make an application for grant of Patent? Any person claiming to be the true and first inventor of the invention. Any person, being the assignee of the person claiming to be the true and first inventor of the invention. Legal representative of any deceased person who immediately before his death was entitled to make such an application. Patent Search Patent search is done to verify the uniqueness of your invention. Patent can’t be similar or same to any other patent. Patent search can be done by yourself but you need to be skilled and attentive. A patent search typically deals with search, research, and data mining. It includes a search of the database of the intellectual property regulator of India to verify whether an already existing object or invention is either identical or similar to the applicant’s invention. Importance of Patent search Checking validity of patent. Helps to know about similar inventions done. Helps in saving money and time. Provides freedom to operate independently. How to search for Patents? To make searching more comfortable, every patent is divided by it’s subject matter. Patent classification schemes have a tree-like structure, and all level of classification has a different reference code. Inventions are classified into technologies Example: – “Engineering” has been divided into classes like mechanical engineering and then into subclasses like machines or equipment. Patent classification is a hierarchical system that incorporates a patent according to the state of technology it falls into. It performs managing and searching patents that fall into the identical technical group or sub-group. There are various patent classifications like the International Patent Classification, Cooperative Patent Classification (CPC), etc. The 2 main group schemes used by patent offices globally are: The International Patent Classification includes about 70,000 different IPC codes. You can survey the class headings and do keyword searches on the WIPO website IPC page. We use this type of system as it’s more common. The Cooperative Patent Classification is an expansion of the IPC. It’s together controlled by the European Patent Office and the US Trademark and Patent Office. Provisional Patent A Provisional Patent application is an interim step on the road to a patent. It is effective because by filing an appropriate provisional patent application a person can market the invention without fear of losing his patent rights,