PATENT LAW-INTELLECTUAL PROPERTY RIGHT

INTRODUCTION

A patent an exclusive right granted for an invention means patent an exclusive rights to a product or a process that generally provide a new way of doing something or offer a new technical solution to a problem.

Intellectual property right include copyright, patent, industrial design, trademark etc. but in industrial property include such intellectual property right except copyright

Patent is an intellectual right protected under patent act, 1970 which gives monopoly  right over the invention. Invention must be categorized under three classification follow as;

  1. Invention must be useful or productive,
  2. Invention must have principle of novelty that means truly new and prime mover invention deserve protection under patent law
  3. Invention must non-obvious which means not include ordinary skill in invention due to which easy to make the invention based on prior act.

Item may deserve protection under patent law such as Computer Hardware and Software, machines, tools, jewellery, musical instrument, production process, composition of matters, new plant species, sporting goods, magic tricks, perfumes etc

Items may not deserve protection under patent law such as Invention already well establish by natural law or substance by nature, discovery of scientific principle, machines, business methods, method of agriculture and horticulture, process of medical or surgical and any treatment process of human being and animals, mathematical or computer programmes or algorithms, a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions, presentation of information, scheme or rules or method of performing any mental act or method of playing game, invention relating to atomic energy traditional knowledge example turmeric work as medicine, invention against morality example invention of gambling etc.

PATENT MAY PRODUCT AND PROCESS

Process Patent: The patent granted to particular manufacturing process and not to the product itself. Anyone can invent product by using process or by modifying the process due to which high possibility increase more inventor or produce of same product.

Product Patent: An exclusively right given to the original inventor over the invention or product means no other manufacture provide same product through modifying the process. Therefore, patent protects monopoly over the invention through patent process.

REGISTERATION OR FILING PATENT PROCEDURE

A patent is an intellectual right granted exclusively to the inventors over their novelty or non obvious invention by government. Patent assist as safeguard provide to invention that are created for specific period of 20 years from the date of filing and prevent others commercial exploitation or forfeiting the patented invention which already based on prior act. Therefore, it encourages more development and more invention.

Filing Patent is a long process but once patent is granted then invention would be protected for 20 years. The guidelines or steps involve for filing patent given the follow are:

First step: Determine invention fall under patent

The first step: Before filing application for patent, inventor must conceive whether created article or invention falling under patent category or invention need other type of protection such as trademark, copyright, trade secret or combination of all of these things.

Second steps: If invention patentable

If inventor determined that his invention is patentable then he must aware about some of fact such as who can apply for patent? , How long invention would be protected after filing? , how much does it cost to get a patent? , is necessary to get a patent for invention and why? , If inventor really need to be patent for invention then must know about what category of  patent would be filed?  Basically there three kind of patent are: Utility Patent, Design Patent and Plant Patent.

  • Utility Patent: ‘Utility patent’ also known as ‘patent for an invention’. A utility patent is a type of patent which granted to anyone who invented any productive and useful product and article or process or machines etc.
  • Design Patent: Design patent can be granted to anyone who invent any original design or ornament design for manufacture of an article.
  • Plant Patent: plant patent grant to anyone or inventor ( or inventor’s heirs, or assigns) who discover any new variety of  plant or a plant found in uncultivated state

Third steps: Filing Application

Once inventor find out about invention fall under what type of patent then can be proceed for further that is filing a application for a patent. Drafting a patent application which consist Description, Diagram or Diagram (if any), Abstract and Summary about invention. Its petty complex and time consuming to draft effective application for patent. Drafting play huge role to disclose invention therefore, utmost caution must be taken while drafting an application. After drafting of patent application filed in the government patent office.

Inventor Filed either complete specification or provisional application

1. Complete specification: If invention is complete, invention published in 18 month. Generally, invention publishes within one month from request of earlier application.

2. Provisional Application: If invention on development stage, inventor gets the period of 12 month to accomplishing the invention.

Forth steps: Examination

After filing a patent application then applicant is required to send request application the patent office to examine the patent application. Then examiner examines the application whether invention is for Useful purpose, Novelty, Non obvious. If any objection raise by examiner after filing examine request or any other person after publishing invention then applicant need to respond the objection in written form which rose against the invention through examine report.

Fifth step: Grant Patent Certificate

After addressing all the objection and response if meets all fair requirement for patent. Finally, patent will be granted to the applicant or inventor over the invention. The grant patent notified on patent journal time to time which prevent others to use or sell similar product or process without the consent of the authorized person or inventor.

INFRINGEMENT AND REMEDIES

Whoever use patented invention without the appropriate consent of authorized or original inventor of invention shall be considered as infringement of patent and original inventor empower suit filed against the person who infringe the patent right and claim for damages before the District Court or High Court having jurisdiction to precede the suit.

Remedies available in case of infringe the patent, plaintiff has right to claim for Injunction or Damages or Account of profit.

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.

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