Why do we Patent our invention?
Date : 23 Aug, 2020
Post By Preeti Tanwar
Often we come across new inventions, the inventor of which is solely authorised to use such inventions to make money to the exception of others around the world. How do they do it? Why are others devoid of the use of such inventions? These queries are going to be dealt with here today. A Patent is an exclusive right given to the inventor of any product or process which is new and unique, carries some inventive steps and has industrial application or utility. The person entitled to the Patent referred to as the Patentee has the right to deal with his/her patent. He/she can sell, grant license to others to use it or can assign it to others. So a Patent is an award given by the government or the sovereign authority of a county to one or more persons. It is a grant of privilege, property or authority. It may also be aforementioned that it is a relationship between an inventor and the society where he/she offers the general public the knowledge which they haven't got and holds exclusive right over it for a period of time. Object of the Patent Granting The object of granting patents is to encourage and motivate scientific research, new technology and industrial progress for the greater public good. This kind of system of granting exclusive right to own, use or sell a technique or product for a limited time invigorates invention of commercial utility. Which Inventions are Patentable? Section 2 (1)(j) of the Patents Act 1970 defines an invention as - ‘Invention’ means a new product or process involving an inventive step and capable of industrial application. An ‘inventive step’ means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art [section 2 (1) (ja)] ‘New invention’ means any invention or technology which has not been anticipated by publication in any document or used in the county or elsewhere in the world before the date of filing of patent application with complete specification i.e the subject matter has not fallen in the public domain or that it does not form part of the state of the art [section 2(1)(1)] The three most important requisites for a patent are: 1. Inventive step (invention) a. The invention ought to be technically advanced in light of the previous art or ought to have economic significance b. The invention must be non-obvious to a person with ordinary skill in the art in the light of the previous art 2. Originality or Novelty An invention is patentable as long as it is novel or new in the light of previous art or is not anticipated by the previous art 3. Industrial application It must relate to the commercialization of patented product for public and safety purposes. Which Inventions are Non-Patentable? 1. Any method/technique for the Medicinal, surgical, curative, prophylactic, diagnostic therapeutic or other treatment of human beings or any method for similar treatment of animals to render them free of disease or to increase their economic value or that of their products is not patentable 2. A method of agriculture or horticulture is not patentable 3. A substance obtained by mere admixture of the components or a method for producing substance is non-patentable 4. Scientific principle or formulation of an abstract theory of discovery of a living thing or inanimate thing occurring in nature 5. Mere discovery of a new form of known substance is not patentable 6. Invention contrary to public order or morality 7. False or Frivolous invention and invention against natural law 8. Copyrightable works 9. Mental act or methodology of playing a game 10.Mathematical algorithms and computer programs 11.Traditional knowledge/information 12.Atomic energy 13.Software patents 14.Patents of microorganisms and biotechnology Procedure for getting a Patent 1. Filing of the application An application is to be filed only for one invention along with the fees prescribed in the appropriate patent office . 2. Publication and examination of application Once the application is filed to the patent office, the office will examine the eligibility of the applicant under the rules of Patent Act. Then it is published in the official gazette to give notice to the public and to give an opportunity to them to oppose the patent application. 3. Amendment of application If the report of the controller is adverse to the applicant or requires any amendment the controller must communicate the objection to the applicant and give him/her an opportunity of being heard. 4. Potential infringement and controller power If it appears to the controller that an invention in respect of which there is a substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent must be obtained in the application. 5. Opposition proceedings On being published the application may be opposed by any person in writing to the controller on the grounds of: a. Obtained wrongfully b. Previous publication c. Previous claim in concurrent publication d. Prior use of public knowledge e. Lack of inventive steps f. non-patentable invention g. Insufficient description h. Failure to disclose information relating to foreign applications 6. Grant of patent If the application is found to be in order for the grant of patent and either the application has not been refused by the controller or the application has not been found to be in contravention of any of the provisions of the Act the patent shall be granted with the seal of the patent office. How can Lawtendo help? LawTendo has around 15000+ lawyers across India on our platform. LawTendo strives to facilitate cost-efficient and quality legal service to our clients. You can contact us at +91-9671633666 or [email protected].
