CONCEPT OF PATENT

CONCEPT OF PATENT

According to world Intellectual Property Organisation. “A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.”

WHAT IS PATENT?

A patent is a legal document issued by the government that grants an inventor the exclusive right to create, use, and sell an invention for a certain period of time. Patents can also be obtained for significant improvements to previously created objects. 

The patent system’s objective is to encourage innovators to advance the state of technology by granting them exclusive rights to profit from their discoveries. Books, movies, and works of art cannot be patented, but they can be protected under copyright law. Patent law is a subset of intellectual property law, which also encompasses trademark and copyright law.

HISTORY OF PATENT

In 1474, the city of Venice approved the first patent legislation. It safeguarded inventors’ interests by granting them the right to their innovations and banning unauthorised copying. The Statute of Monopolies was adopted in England in 1624. This permitted patents to be issued to the real and original inventor for a limited time. The growing number of national patent laws resulted in the signing of the Paris Convention in 1883, which guaranteed equitable treatment for patent applicants in all of its member nations. It was first adopted by 20 nations from across the world and has subsequently been adopted by the vast majority of others.

WHO CAN FILE A PATENT IN INDIA?

An application for a patent in India may be made by the real inventor of the invention, an assignee of the right to make an application, or a legal representative of either. The grant is made to the individual who initially applies for a patent. In contrast to the initial applicant, a prior inventor of the invention who applies later will not be granted a patent. A person who has just transmitted an idea to another, who has then given the notion practical shape and created the invention, cannot claim to be the first and real inventor. A foreign individual residing in another country is not barred from applying for and acquiring a patent in India.

HOW TO FILE A PATENT IN INDIA?

An application for a patent in the authorised form, together with the necessary fee, shall be lodged with the competent patent office. An application for a patent must be submitted within the geographical limits where the applicant or the first mentioned applicant in the event of joint applicants habitually resides, has domicile, or has a place of business, or where the invention really originated. If the applicant for the patent or a party in a case does not have a business or residence in India, the suitable office will be determined by the address of service in India provided by the applicant or party in a proceeding.

CURRENT POSITION OF PATENTS IN INDIA

The provisions of the Patents Act, 1970, as modified by the Patents (Amendment) Act, 2005 (hence referred to as the Act) and Patents Acts Rules, 2006 dictate the current Indian stance on patent law (hereinafter referred to as the Rules) 

The Head Patent Office is in Kolkata, with branch offices in Delhi, Mumbai, and Chennai. The Controller General of Patents, Designs, Trademarks, and Geographical Indications oversees the Indian patent system. Each office has its own territorial jurisdiction for receiving patent applications and is authorised to handle all aspects of the Patent Act.

HOW IS THE JURISDICTION OF PATENT DETERMINED?

The jurisdiction in which the patent application is filed is determined by: 

  1. Indian applicant(s): determined by the applicant’s location of residence, place of business, or where the innovation really originated. 
  • Foreign applicant(s): identified by service address in India.

REFERENCES

  1. https://www.wipo.int/patents/en/
  2. https://www.legalserviceindia.com/articles/ptwy.htm
  3. https://www.mondaq.com/india/patent/54494/patent-law-in-india

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

Posted in IPR

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