Shambasiv (n/a) 26 January 2008
Eclexys (Consultant) 02 March 2008
Manav Sony 15 May 2020
very nicely portrayed sir. thamk you for taking out your time and putting up ypur thoughts.
Aditya Bhide (Student) 08 January 2021
WHAT IS A PATENT?
Basically patent is a specific type of grant which is granted by the government. Such a right, when granted gives access to the owner various exclusive or monopolistic benefits and perks. Such as the right to use it, sell it, and giving permission to other authorized users to do so. Such rights are only made available when the invention is one of its kind and new. However, the mere discovery of a particular property does not amount to a patent. The property, that is granted patent, must not be vague. It should be of such nature that it can be applied for industrial use. it is basically a contact made by the original Creator and entire society.
WHAT CAN BE PATENTED?
So there are various criteria laid down, in order to decide what can be patented and whatnot:
Only Invention, Not just a mere invention but the one who has a capacity or is of such nature which has industrial validity can be patented.
1)If a patent, if granted is of such nature that it can cause harm to the public and which is against the law cannot be patented.
2) Mere discovery on paper.
3)Any mutilation or any kind of duplication made;
4) Discoveries related to plants, animals, seeds, spices, business models, computer programs, musical, nonmusical, artistic, agriculture, horticulture, drugs, or chemicals cannot be patented.
Now, The Duration and The Rights of The Patent Owner:
Duration of the Patent:
Under the IP law, each and every right granted gives rise to annual fees for the same. When paid such fees and charges annually, it grants access to the patent for 20 years.
Rights of The Patent Holder:
In order to appreciate the efforts made by the inventor, the act has guaranteed certain rights to the patent owner. They are as follows:
Basically, the rights granted under this act are to prevent others from doing particular things such as selling, using, or making an invention. But as mentioned earlier, the right is granted for only a specific period of time. But, one can only do the above provided that the person discloses his invention and creation to the public.
It is necessary to know the procedure for filing the patent.
Who can apply?
a)Any person who claims or who is the first owner of such invention;
b)His legal representative(if the true owner is a deceased person);
One can also apply for provisional specification when the nature of the invention is disclosed but not the details of the same.
GRANT OF PATENTS
The comptroller of Patients is assigned with the work of granting the patents. He grants the patents if :
1)There is no any kind of opposition raised for the filed patent;
2)The Controller has not raised any questions for the applied patent;
3)Any previous opposition raised has been settled and removed by the controller.
The above grants are allowed but there is government intervention in such grants.
OPPOSITION OF GRANT:
A patent granted can also be subject to various oppositions based on the following grounds:
1)It has obtained fraudulently or in any illegal ways;
2)All facts of the patent are not disclosed;
3)It has no industrial application of any kind;
4)The patent contents were already known by the public;
5)There is some kind of dispute with respect to the patent filed.
Now, what happens when such rights are infringed by someone?
Infringement when wrongfully using patented rights. It is at the decision of the District Court to grant remedies for patent infringement.
Following reliefs are granted by the district court:
1)The person who infringes the patent rights, has to pay damages and if he has earned any kind of profit, a share of it.
2)Injunction subject to various conditions put by the court.
3)The court may order seizing the goods or destruction of the same.
however, any infringement made in good faith and not fraudulently, then the first condition shall not apply to that person. However, it needs to be proved.
175B083 Mahesh P S 11 February 2021
kindly go through the articles below for more information: