CONCEPT OF PATENT

A patent is a sort of intellectual property that grants its owner the legal right to prevent others from creating, using, or selling an invention for a certain length of time in exchange for the publication of an enabling disclosure of the invention. In most countries, patent rights are governed by private law, and the patent holder must sue someone who infringes on the patent to enforce their rights. Patents are an important kind of competitive advantage in some industries, but not in others. According to national laws and international agreements, the system for issuing patents, the conditions put on the patentee, and the extent of the exclusive rights differ greatly between nations.

A patent application, on the other hand, must typically include one or more claims that identify the area of protection sought. A patent may have several claims, each of which defines a distinct property right. These claims must fulfil multiple patentability conditions, which include innovation, usefulness, and non-obviousness in the United States. According to the World Trade Organization’s (WTO) TRIPS Agreement, patents should be accessible in WTO member countries for any innovation, in any sector of technology, as long as it is novel, involves an innovative step, and is capable of industrial application.

What exactly is patentable?

To be eligible for a patent, an innovation must pass three fundamental requirements. First, it must be new, which means that it did not previously exist. Second, the innovation must be novel, which implies it must be a considerable advance over existing technology. Simple modifications to previously known devices do not constitute patentable inventiveness. Finally, the suggested innovation should be practical. According to legal experts, this means that no patent will be awarded for ideas that may only be utilised for unlawful or immoral purposes. Certain kinds of discoveries are not patentable. Even if he or she is the first to uncover a natural rule or a scientific concept, no one may secure a patent on it. For example, Isaac Newton could not have gotten a patent on gravity laws, and Albert Einstein could not have gotten a patent on his relativity formula, E=mc2. Patents are only issued under European Patent Convention (EPC) legislation for innovations that are capable of industrial use, are novel and entail an inventive step. A suggestion for the actual application of an idea for addressing a technological challenge is what innovation is. An innovation is industrially applicable if it can be manufactured or employed in any industry, including agriculture, as opposed to merely intellectual or aesthetic effort.

An invention is considered to be new if it was not previously known to the public in any form (written, oral, or via use) before the date of filing or the priority date awarded to the application from an earlier application for the same invention, i.e., it did not form part of the state of the art. An invention is considered to involve an innovative step if it is not evident to a so-called skilled person, i.e., someone with excellent knowledge and experience, in light of what is previously known to the public.

A patent can be issued under Indian patent law only for a new and beneficial invention. The innovation must be related to a machine, object, or substance created through manufacturing or the manufacturing process of an article. A patent can also be sought for an improvement to an object or a manufacturing method. In the case of medicine, drugs, and some kinds of chemicals, no patent is issued for the substance itself, even if it is novel, but a production technique and the substance are patentable. The application for a patent must be true, and the right to apply for a patent must be assignable to the first inventor or the person who has received the title from him.

What can’t be patented?

Certain innovations are not patentable. The non-patentable subject matter under European Patent Convention (EPC) legislation includes techniques of medical treatment or diagnosis, as well as novel plant or animal kinds. A patent attorney may provide further information on these topics. Patents may not be awarded for inventions whose commercialization would be detrimental to public order or morals (obvious examples being land mines or letter bombs). Discoveries; scientific ideas and mathematical procedures; artistic creations, such as works of art or literature; systems, rules, and methods for executing mental activities, playing games, or doing business; information displays; computer software are not considered innovations.

Challenges

Third parties can contest the validity of a granted or issued patent at the national patent office in most jurisdictions; these are known as opposition procedures. It is also possible to sue to contest the validity of a patent. In each situation, the challenged party attempts to demonstrate that the patent should never have been awarded in the first place. There are several grounds for a challenge: the claimed subject matter is not patentable at all; the claimed subject matter was not new or obvious to a person skilled in the art at the time the application was filed; or some kind of fraud was committed during prosecution about inventor listing, representations about when discoveries were made, and so on.

An international application, or PCT application, is a patent application submitted under the PCT. The following are the steps for PCT applications:

1. Submitting a PCT patent application.

2. Inspection on the international stage.

3. Testing throughout the national phase.

Along with these international patent treaties, there existed the Patent Law Treaty (PLT). This treaty standardized the filing date requirements, the application and forms, enables electronic communication and filing and eliminates unintended loss of rights while simplifying patent office operations.

Nations may allow others, other than the patent owner, permission to develop a protected product in certain circumstances that correspond with public policy or the public interest. These may include mandatory licensing, scientific research, and in-country transportation.

References

Patent – Wikipedia

What is patent (legalserviceindia.com)

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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