PATENT FACT SHEET:
WHAT IS PATENT?
In India, the Patents Act, 1970 has defined the meaning of an invention. according to Section 2(j) the term “invention means a new product or process involving an inventive step and capable of application”. And patent is granted for new inventions.
Patent is an exclusive right provided for one’s invention. It is a legally enforceable right granted by the Government for new and useful inventions. however, patent is not available for art, mathematical models, songs. Patent grants a monopoly over the invention for a particular period. Because of patent, inventors are encouraged to reveal their inventions to the public instead of keeping it a secret.
Also, if anyone tries to infringe someone else’s invention which has been protected under patent act then legal proceedings can be initiated against that person.
One needs to apply for patent protection, as grant of patent cannot happen automatically. A patent protection can be granted for 20 years. A patent can be granted for a single jurisdiction only, one can also go for patent application in multiple countries. The laws regarding patent application in multiple countries are provided in Paris Convention and Paris Cooperation Treaty.
CRITERIA:
There are some essentials which needs to be followed before granting a patent protection. These essentials are:
Under Section 3 and Section 4 of the Patents Act, 1970, the non-patentable inventions have been mentioned. Again, any invention which might be harmful for human or environment cannot be patented. Different countries have their own criteria for excluding an invention from patent protection.
The first and most important criteria for patent protection is novelty. An invention will be considered novel only when that invention has not been disclosed to the world prior to the date of application. Also, the invention should contain an inventive step, without any inventive step the invention cannot be granted patent protection. Again, the invention should be useful, it should contain some utility. The invention should be useful for the public, without any utility an invention can go for patent protection.
A patent can be applied for a product or a process. The procedure for applying patent in India is a little bit difficult that is why a patent attorney has an essential role to play in this matter. Furthermore, before filing of an application the patent attorney will go adequately whether the patent application can be filed or not. Also, the patentable substance should be man-made, natural materials cannot be patented.
However, in the case of Diamond v. Chakrabarty; it was decided that genes, bacteria, minerals or any other material from nature could be patented if it is utilized in an inventive method by man and bares a non-obvious step.
CONCLUSION:
The Indian Patent Office (IPO) maintains secrecy up to 18 months from the date of filling or priority date. Patents are granted to encourage innovators to disclose their inventions for the development of the public and the country’s economic growth. This also helps to promote healthy competition in the market. In intellectual property, patent has become a crucial thing which needs to be protected in any cost.