PATENT- What you must know

What is the definition of a patent?

A patent is a statutory right provided by the government to the patentee for a set length of time in return for full disclosure of his invention and the prohibition of others from creating, using, selling, or importing the patented product or method for those purposes without his approval.

Is it true that an Indian patent is valid all over the world?

No. Because patent protection is a territorial right, it is only applicable inside India’s borders. There is no such thing as a worldwide patent.

However, submitting an application in India allows the applicant to file a matching application in convention nations or under the PCT for the same invention within or before the twelve-month period after the filing date in India. In each nation where the applicant seeks protection for his innovation, a patent should be sought.

Where may one get information about a patent application that has been published or granted?

The Patent Office Journal, which is published every Friday, contains information on the patent application. This document is also accessible in electronic format on the Patent Office’s website, www.ipindia.gov.in

Who is eligible to file for a patent?

A patent application can be submitted by the real and original inventor or his assignee, alone or in collaboration with others. A legal representative of a deceased individual, on the other hand, can file a patent application.

What are the patentability criteria?

If an invention fits the following conditions, it is patentable subject matter:

i) It must be new.

ii) It must be non-obvious or contain an imaginative step.

iii) It should be suitable for industrial use.

iv) It should not be subject to the Patents Act 1970’s sections 3 and 4.

In India, what categories of innovations are not patentable?

An invention may meet the criteria for novelty, creativity, and utility, yet it may not be eligible for a patent under the following circumstances:

1) a frivolous innovation or one that asserts anything that is manifestly opposed to well-established natural rules;

2) an innovation whose primary or planned use or commercial exploitation may be in violation of public order or morals, or may cause substantial harm to human, animal, or plant life, health, or the environment;

3) the discovery of a scientific concept, the development of an abstract theory, or the discovery of any living or non-living substance in nature;

4) the mere discovery of a new form of a known substance that does not result in an increase in the substance’s known efficacy, or the mere discovery of any new property or new use for a known substance, or the mere use of a known process, machine, or apparatus unless it produces a new product or uses at least one new reactant;

Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations, and other derivatives of a known substance are considered to be the same substance unless they differ significantly in efficacy properties.

5) a material or a procedure for making such a substance acquired by simple mixing resulting merely in the aggregate of the qualities of its constituents;

6) the simple assembly, re-arrangement, or replication of existing devices, each of which functions independently and in a predictable manner;

7) an agricultural or horticultural technique;

8) any method for the medical, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of humans or animals to render them disease-free or to raise their economic value or the value of their products;

9) other than microbes, plants and animals in whole or in part, including seeds, varieties, and species, and fundamentally biological processes for the development or propagation of plants and animals;

10) a mathematical or business process, as well as a computer programme or algorithms in general;

11) a literary, dramatic, musical, or artistic work, as well as any other aesthetic creation, including films and television shows;

12) a simple plan, rule, or procedure for completing a mental task or for playing a game;

13) an information presentation;

14) Integrated circuit topography;

15) an innovation that is essentially traditional knowledge or an aggregation or duplicate of recognised features of traditionally known component(s);

16) innovations in the field of atomic energy

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