The meaning of a patent
A patent is a government-granted right to prevent others from using, making, and selling an invention for a set amount of time. They can also get a patent if their previous invention is improved. By giving inventors exclusive rights to their inventions, the goal of patent law is to encourage them to make more contributions to their field. The right granted to an inventor for his invention of any new, useful, non-obvious process, machine, manufacturing article, or material composition is commonly referred to in modern terms as the patent. The Latin word “patere,” which means “to lay open,” comes from the word “patent.” It means “to make available for public inspection.” Any invention must pass three fundamental tests in order to be patentable:
- First and foremost, the invention must be novel, implying that it does not already exist.
- Second, the invention must be incomprehensible, i.e., it must significantly advance on the previous one; The inventor will not be granted the right to a patent simply because technology has changed.
- Thirdly, the invention must be useful in a legitimate way, which means that it is useful to the world in a legitimate way and not just for illegal purposes.
An invention is considered new if, at the time of application, it is not known to the public in any form—oral, written, or otherwise—at that time. Anything that is already in the public domain cannot be considered inventive. The patent only lasts for 20 years, starting with the filing date of the patent application. A patent is a right in the territory. As a result, it can only be used in the nation where it was granted. A patent is a right in the territory. As a result, it can only be used in the nation where it was granted. As a result, only in that nation can legal action be taken against patent rights infringement or infringement. Each nation must submit a patent application in order to secure patent protection in other nations. A method for filing an international patent application that allows for the filing of a single patent application in a large number of nations is provided by the Patent Cooperation Treaty (PCT). However, only after the application has been submitted does the PCT of a patent remain at the discretion of the individual patent office.
A patent can only be obtained for a novel and useful invention under Indian patent law. The machine, product, or substance manufactured by a manufacturer, or the manufacturing procedure for an article, must be the subject of the invention. A patent can also be obtained for a new product or manufacturing process. Even if a drug or chemical is new, the substance itself is not protected by a patent; however, the manufacturing process and the substance are protected by a patent. The first inventor or the person who has derived title from him must submit a true application for a patent, and the right to apply for a patent can be transferred.
Patenting some inventions is not possible. The list of non-patentable subject matter found in the European Patent Convention (EPC) law includes new plant or animal varieties and methods of medical treatment or diagnosis. A patent attorney can provide additional details on these areas. The following are not considered inventions: scientific theories and mathematical methods; aesthetic creations such as works of art or literature or art of writing; schemes, rules and methods for performing mental acts, playing games or conducting business; presentations of information; computer software. Nor are patents granted for inventions whose exploitation would be contrary to public order or morality (obvious examples include landmines and letter bombs).
Know more: What does patent filing mean?
The history of the patent Act VI of 1856 was the first step in the patent process in India. The legislation’s primary goal was to encourage new and useful manufacturing inventions and to encourage inventors to disclose and make their inventions available to the public. Because it was enacted without the approval of the British Crown, Act IX of 1857 repealed the Act. Act XV of 1859 was the name of the new piece of legislation that was introduced to grant “exclusive privileges.” This law makes some changes to the previous law, like giving exclusive privileges only to useful inventions and increasing the priority period from six months to twelve months. Importers were not included in the Act’s definition of an inventor. After that, the Act was modified in 1872, 1883, and 1888.
All previous laws were struck down by the Indian Patent and Design Act of 1911. On April 20, 1972, the Indian Patent and Design Act of 1911 was repealed and replaced by the Patents Act of 1970 and the Patent Rules of 1972. Justice Ann’s recommendations serve as the main foundation for the Patent Act. Rajagopala Iyengar is the head of the Ayyangar Committee. Allowing process patents on inventions related to drugs, drugs, food, and chemicals was one of the suggestions. Again, the Patents (Amendment) Act of 2005 extended product patents in all technology fields, including food, medicine, chemicals, and microorganisms, modifying the Patents Act of 1970. Provisions pertaining to exclusive marketing rights (EMR) have been eliminated as a result of the amendment, and a provision has been added to make it possible to grant compulsory licenses. Pre-grant and anti-post protest provisions have also been included.
What is patentable?
In the Indian Patents Act of 1970, sections 3 and 4 made it clear what cannot be patented in India. To obtain a patent in India, a number of requirements must be met. These are:
Topic of the patent:
Finding out whether the invention is related to a subject matter covered by a patent is the most significant consideration. The Patents Act lists subject matter that cannot be patented in sections 3 and 4. If the invention does not fall under one of Sections 3 or 4, it does not qualify as a subject for a patent.
An invention’s potential for patenting depends heavily on its level of innovation. “No invention or technology published in any document before the date of filing of a patent application, anywhere in the country or the world” is the definition of a novelty or new invention in Section 2(l) of the Patent Act. The subject matter, also known as the complete specification, has neither entered the public domain nor been included in the state of the art.
Simply put, an invention that should never have been published in the public domain must meet the novelty requirement. It must be the most recent, unrelated to any prior works.
Innovation or lack of clarity:
“the characteristic of an invention that involves technological advancement or is of economic importance or both, as compared to existing knowledge, and invention not obvious to a person skilled in the art” is the definition of an inventive step in Section 2(ja) of the Patents Act. This indicates that the invention should not be obvious to a person with expertise in the same field. It shouldn’t be original and obvious to someone who is experienced in the same field.
In conclusion, patents have the potential to increase company and individual investment returns on new technology development. When considering how, where, and when to patent, a well-thought-out strategy should be used to ensure that business interests are aligned with the technology’s implementation. For instance, focusing on international considerations and specific country regulations can help a business save a lot of money and improve the rights it gets from patents.