Intellectual property (IP) encompasses various intangible creations of the human mind, such as patents, trademarks, and copyrights, which include artistic, literary, technical, or scientific works. Intellectual Property Rights (IPR) refer to the legal rights granted to inventors and creators to protect their intellectual property for a specific period. This article explores the main objectives of intellectual property laws, the significance of IPR in a rapidly changing world, and focuses on patents as a form of intellectual property.
Intellectual property (IP) is an intangible creation of the human mind, which includes patents, trademarks, and copyright, artistic, literary, technical, or scientific creation.
Wherein Intellectual Property Rights (IPR) refers to the legal right given to the inventor of the Intellectual Property to protect his creation or invention for a specified period of time.
The main objective of the law pertaining to intellectual property is to promote the creation of a varieties of intellectual properties/assets and in order to achieve this, the law provides people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time which eventually gives economic incentive for their creation. These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators.
Intellectual Property Right
Intellectual property rights (IPR) have gained huge significance in today’s rapidly changing/developing world guided by force of liberalization, privatization and globalization, and advances in information and technologies.
As stated, above IPRs may be reviewed in terms of patents, copyrights, trademarks, and total secrets as given below: –
Patents
Patent means a right that has been granted for a creation/invention under the Patents Act, 1970 read with the relevant rules made thereunder.
According to section 2(m) of the Patent Act, 1970, patent means a patent for any invention granted under this Act.
Further according to section 2(l) of the Patent Act, 1970, new invention means any invention or technology which has not been anticipated by publication in any document or used in the country 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 public domain or that it does not form part of the state of the art;
A patent in general is an exclusive right granted through the document, issued, by government which describes an invention and hence creates a legal for exploitation of the patented invention (i.e., used, manufacturing, sold, imported) with the permission of the owner of the patent. The protection given by the Patent Act, 1970 is limited in time (generally 20 years).
Procedure for Grant of a Patent in India:
- Patent attorneys are the experts at filing and preparing applications for patent as well as representing clients in cases such as infringement, licensing, and re-examination.
- Every application for Patent shall be made by the applicant in Form 1 (Application for grant of patent) or in Form 2 (Provisional/Complete specification), along with proof of the right to make such application.
- In case the proof of the right to make such application is not submitted with the application, it shall be filed within a period of 6 months to the patent office
- A request for examination can be filed for examination of the application within 48 months of the date of priority of the application or the date of filing of the application.
- After the release of the report of the first examination, the applicant is given an opportunity to respond to the objections.
- The applicant shall meet the requirements within a period of 6 months of receiving the report of first examination, which may be extended for maximum additional 3 months at the applicant’s request
- In case where the applicant fails to comply with the requirements of the report within the time frame of 9 months, the application is considered as abandoned
- After all objections have been addressed and all requirements have been met, the patent is granted and published in the Patent Office Journal.
Penalties in case of Patent Infringement
According to section 118 of the Patents Act, 1970, read with rules made thereunder,
1. if any person fails to maintain the secrecy regarding the inventions relevant for the defence purposes under section 35, or,
2. if any person fails to maintain the secrecy regarding the inventions relevant for the defence purposes under section 35, or,
- if any resident make an application for grants of a patent outside India without prior permission, in contravention to section 39
Shall be liable for the imprisonment which may extend to two years or fine or both.
Further Section 120 of the Patents Act, 1970 read with rules made thereunder, if any person falsely represents that any article sold by him is patented in India or is subject to an application for patent in India then he shall be liable for a fine which may extend to Rs 1 Lakhs.
Reliefs in case of Suits for Patent Infringement
According to section 108 of the Patents Act, 1970 read with rules made thereunder, the court may grant the relief in any suit for the patent infringement includes the injunction, damages and accounts of profits. The court can also order the goods found to be infringing or predominant use of which is in the creation of infringing goods shall be seized, destroyed or forfeited and can grant compensation.
Conclusion: Intellectual property rights, particularly patents, play a vital role in fostering innovation, protecting creations, and driving technological progress. The article highlights the main objective of intellectual property laws, which is to encourage the creation of various intellectual properties by granting property rights and economic incentives for a limited period. By understanding the process of obtaining patents, the penalties for infringement, and the reliefs available, individuals and businesses can navigate the intellectual property landscape in India more effectively.
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