LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shambasiv (n/a)     26 January 2008

Basic facts on Patents

What is Patent?
 
Patent enables its owners to exclude from making, using and selling its inventions.
 
Term of patent: 

The term of patent is for twenty years (20), provided the maintenance fee is paid at the end of every year.
 
Territorial Scope:
 
Patent laws are territorial, a separate patent must be obtained in each country. Indian patent office protects invention only filed in India.
 
 
What is patentable? 

Only inventions are patentable. An invention must be new, useful and must involve inventive steps compared to closest prior art.  A new and unobvious product, process, apparatus or composition of matter will generally be patentable.
 
 
Patentability searches:
 
Patentability search is a search for invention in hope of not finding the invention. The patentability search is an universal concept since inventions can not be boundary constraint. But it is to be noted that the patent laws are territorial.
 
Computer databases search is quick and relatively inexpensively. Database searches are most useful in searching sophisticated inventions, which can be described by precise, well-known terms of art. They are much less useful in searching mechanical gadget type inventions.
 
No search will ""guarantee"" the patentability of any invention. The object is to make a reasonable assessment of the prospects for obtaining worthwhile patent protection. Search results are also useful in preparing a patent application.
 
 
Information required for conducting search:
 
To conduct a search the description, drawings or photographs of the invention, showing how it is made, operated and used would be helpful. Further details of any known prior art; a summary of the prior art's shortcomings; an explanation of how these are overcome by the invention; a list of any other advantages of the invention; and, details of any possible variants or modifications that could be made without departing from the general concept of the invention
 
 
Who can apply for a patent?
 
An application for obtaining a patent can be made by a true and first inventor who holds the rightful ownership in the invention due to fact that he invented the same or by any person who is an assignee/legal representative of the first and true inventor. Also a legal heir of the first and true inventor can apply for patent in case of the death of the true and first inventor.
 
 
What is not patentable invention? 

1.      an invention which is frivolous or which claims anything obviously contrary to whole established natural laws.
 
2.      an invention the primary or intended use or commercial exploitation of which could be contrary to public.
 
3.      the mere discovery of a scientific principle or the formulation of an abstract theory.
 
4.      the mere discovery of any new property or new use for known substance or of the mere use of known process, machine or apparatus unless such known process result in a new product or employ one new reactant.
 
5.      a substance obtained from mere admixture resulting into aggregation of properties.
 
6.      mere arrangement or re-arrangement or duplication of known devices each functioning independently.
 
7.      a method of agriculture or horticulture.
 
8.      any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or animals.
 
9.      plants and animals in whole or any part in whole or any part thereof other than micro organism but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.
 
10.   a computer programme per se other than its technical application to industry or combination with hardware
 
11.   a mathematical method or business method or algorithms
 
12.   a literary , dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.
 
13.   a mere scheme or rule or method of performing mental act or method of playing game.
 
14.   a presentation of information
 
15.   topography of integrated circuits
 
16.    an invention which, in effect is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or componets.
 
17.invention relating to atomic energy.
 
 
What are the documents required for filling a patent application?
 
1.      Application Form (form 1),
2.      Specification (Provisional/Complete) [Form 2],
3.      Drawings (if any),
4.      Undertaking under section 8 (form 3), and
5.      Power of Authority (if the patent application is filed through a patent attorney)
 
 
What is patent specification?
 
A patent specification discloses the details of the invention for which the patent protection is sought. The legal rights in a patent are based on the disclosures made in the specification. Specifications are of two kinds
 
1.      Provisional:  A provisional specification discloses incomplete invention or inventions requiring time to develop further. The provisional specification is filed to claim the priority date of an invention.
 
2.      Complete: The document, containing the detailed description of invention along with the drawings and claims is called as the complete specification. Also the description regarding prior art is included in the complete specification.
 
 
What is the date of priority? 

The date of priority is the date on which the patent application either with provisional specification or with complete specification is filed at the patent office.
 
 
What happens to the application after filing? 

Initially, a patent examiner examines the patent applications and then communicates the objections, if any, to the applicant via first examination report. The applicant has to meet up with the compliance of the patent office within specific time frame, if the applicant fails in doing so the application shall be abandoned. Otherwise the application is published in the patent gazettes issued by the patent office. The said published application is open public perusal and opposition. If there is no opposition the patent shall be granted.
 


Learning

 11 Replies

mohitattri (n/a)     01 February 2008

thanks for this valueable matterial

Shambasiv (n/a)     26 January 2008

Thanks for the information. Very useful indeed.

SANJAY DIXIT (Advocate)     26 January 2008

Infomative Post.
Thanks dear Dhruv.

soulofvalbooj (n/a)     29 January 2008

very useful thankq friend.

Vishwanath tripathi (Advocate)     17 February 2008

Thanks.very informative and useful.

anupam_advocate (n/a)     19 February 2008

Thanks.very informative and useful.

Eclexys (Consultant)     02 March 2008

Thanks. Is an innovative use of an existing device for a totally new purpose patentable? Regards Eclexys

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:

What can?

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.

What cannot?

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);

c)his assignee.

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?

PATENT INFRINGEMENT

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

Hello,

kindly go through the articles below for more information:

https://www.lawyersclubindia.com/articles/new-dimensions-of-patent-law-a-global-perspective-5089.asp

https://www.lawyersclubindia.com/articles/patent-law-india-442.asp

https://www.lawyersclubindia.com/articles/patent-disputes-arbitrating-all-the-way--5698.asp

https://www.lawyersclubindia.com/articles/An-Overview-Of-Software-Patenting-249.asp

Thank you

 

 

Rahul Arora   01 April 2022

When an Inventor does any inention, Inventor proceed for doing Patent Registration to get it registered on their name.

But before doing the Patent Registration, one needs to do the Patent Search  to verify, whether the Patent has been already registered or not?

Patent Search will give all the details about the registered patent such as:
1. Appli


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query