PATENTS

Introduction:

A patent is a kind of intellectual property that offers its proprietor the legal right to exclude others from making, using, or promoting an invention for a restrained time frame in change for publishing an enabling disclosure of the discovery. A patent is a statutory right granted by the respective governments. It gives one the exclusive rights and bars others from making, using, promoting and importing products or procedures, based on the patented invention without one's prior permission.



Origin:

The Patents Act, 1970 is the legislation that until date governs patents in India. It first came into force in 1972. The office of the Controller standard of Patents, Designs and tradeMarks or CGPDTM is the body responsible for the Indian Patent Act.


History:

Patents have been systematically granted in Venice as of 1450, in which they issued a decree by which new and imaginative devices had to be communicated to the Republic in order to achieve legal protection towards potential infringers. The period of safety became 10 years. these were mostly within the subject of glass making.

The history of Patent regulation in India begins from 1911 while the Indian Patents and Designs Act, 1911 was enacted. The existing Patents Act, 1970 got here into force within the year 1972, amending and consolidating the existing regulation referring toPatents in India.


Why is a patent important?

● A patent gives you the right to prevent others from copying, producing, selling or uploading your invention without your permission. See protecting intellectual property. You get safety for a predetermined duration, permitting you to keep competition at bay. you may then use your invention yourself.

● A patent is essential because it can assist safeguard your invention. it could guard any product, design or system that meets certain specifications consistent with its originality, practicality, suitability, and application


Types of Patents Application:


Patent Application:

A patent application is a plea for the grant of a patent for the invention defined and claimed via the applicant. An application for this cause usually contains a description of the discovery, added with reliable paperwork and correspondence relevant to the application. Patent programs are of several sorts, and every one among them caters to a completely unique purpose.

1. Provisional Application:

A provisional application, additionally called a temporary application, is filed while an invention is under experimentation and isn’t finalized. Moreover, it is an initial application which is filed before the patent office for claiming priority, because the Indian Patent office follows the ‘First to record system (known popularly because the First-Come-First-Served-basis). In technical terms, the early filing of an invention will save you from the prevalence of any other associated innovations from being designated as previous artwork to the inventor’s application.

To add more, this form of patent application is filed when an invention requires additional time for improvement. If an application is supported by way of a provisional specification, the applicant is necessitated to document a whole specification inside three hundred and sixty five days from the date of submitting a provisional application. A failure in this component would render the utility void.

An application for this cause must consist of a brief explanation of the discovery and have to be drafted in a meticulous way so one can make sure that the priority rights are secured for the discovery.


2. Ordinary or Non-Provisional Application:

This form of application is filed if the applicant doesn’t have any priority to assert or if the application is not filed in pursuance of any preceding conference application. It must be supported by a entire specification, the likes of which must depict the invention in detail.

● A complete specification entails the following:


1. Title

2. A preamble to the invention.

3. The technical field of the invention.

4. Background of the invention.

5. Objects of the invention.

6. Statement of the invention.

7. A brief description of the drawings

8. A detailed description of the invention.

9. Claims

10. Abstract


3. Convention Application :

● A convention application is filed for claiming a concern date primarily based on the same or substantially similar application filed in any of the convention countries. To avail a status of convention, an applicant is needed to report an application in the Indian Patent office within a year from the date of the preliminary filing of a similar application in the convention country. To reiterate in simpler terms, a convention application entitles the applicant to assert priority in all the convention countries.


4. PCT International Application:

As may be deciphered from its name, a PCT application is an international application. although the application does no longer offer for the grant of an worldwide patent, it paves the way for a streamlined patent application process in many nations at one cross. it's far ruled by using the Patent corporationTreaty and may be confirmed in up to 142 countries. submitting this application might shield an invention from being replicated in those distinct countries.

Unlike other applications, it renders the application a time-body of 30-31 months to enter into various countries from the global submitting date or the priority date, thereby affording the applicant with additional time to access the viability of the invention.

Aside from this, it renders the following other advantages:

The application gives an international search report citing prior art, which discloses whether or not the discovery is novel.

It affords an option for requesting an international preliminary examination file, that is a report that consists of an option on the patentability of the discovery.

The aforementioned reports facilitate the applicant to make more knowledgeable alternatives early in the patent method, as he/she will be able to amend the application to address any conflicting material. additionally, the applicant would receive a glimpse of the patentability of the discovery earlier than incurring charges for filing and prosecuting the application in every country.


An applicant from India can document this application at:

The Indian Patent office (IPO), which acts as the receiving office.

The international Bureau of WIPO, either after availing a foreign filing permit from IPO or after six weeks and 12 months of filing an application in India.



5. PCT National Phase Application:

● It is considered essential for the applicant to apply for a national category in each country where protection is sought. The duration of the same filling is set within 31 months from the most important date or international completion date, depending on the preceding one. The time limit may be developed by National Laws by each member state.

● With regard to the application of the National Phase Application, the title, description, abstract and claims as included in the International Application under the PCT will be considered as a complete specification. Apart from this, the rules that apply to completing and processing a standard copyright application are also applicable here.



6. Patent of Addition:

This application must be filed if the applicant discovers that he has come across an invention which is a slight modification of the discovery which has already been carried out for or patented by the applicant. it could only be filed if the discovery doesn’t contain a sizable inventive step.

A patent of addition is only granted after the grant of the determined patent, and for this reason no separate renewal price should be remitted during the time period of the primary patent. Moreover, it shall be granted for a time period equal to that of the patent for the main invention, and consequently expires along with the main patent. The date of submitting here will be the date on which the application for patent of addition has been filed.


Pros and Cons of Patents:


Advantages:

  1. A patent offers you the right to stop others from copying, producing, selling or importing your invention without your permission.

  2. You get safety for a predetermined period, allowing you to preserve competition at bay.

  3. You can then use your invention yourself.

  4. Rather, you could license your patent for others to use it or you may sell it. this could offer a vital supply of revenue in your enterprise. indeed, some groups exist totally to gather the royalties from a patent they have certified - possibly in combination with a registered design and exchange mark


Disadvantages:

1. Your patent application means making certain technical information about your invention publicly available. It might be that keeping your invention secret can also preserve competitors at bay more effectively.


2. Making use of for a patent can be a totally time-consuming and prolonged method (typically three to four years) - markets may change or technology may overtake y- Your patent application means making certain technical information about your invention publicly available. It might be that keeping your invention secret can also preserve competitors at bay more effectively.


3. Making use of for a patent can be a totally time-consuming and prolonged method (typically three to four years) - markets may change or technology may overtake your invention by the point you get a patent.


4. Price - it will cost you money whether or not you are successful or not - the application, searches for current patents and a patent attorney's fees can all contribute to an affordable outlay. The capacity for making earnings must outweigh the time, effort and money it takes to get and preserve a patent.


5. You will need to remember to pay your annual fee or your patent will lapse.



6. You will need to be prepared to guard your patent. Taking movement towards an infringer may be very expensive. on the other hand, a patent can act as a deterrent, making defense pointless our invention by the point you get a patent.


7. Price- it will cost you money whether or not you are successful or not - the application, searches for current patents and a patent attorney's fees can all contribute to an affordable outlay. The capacity for making earnings must outweigh the time, effort and money it takes to get and preserve a patent.


8. You will need to remember to pay your annual fee or your patent will lapse.


9. You will need to be prepared to guard your patent. Taking movement towards an infringer may be very expensive. on the other hand, a patent can act as a deterrent, making defense pointless.


This article is written by Sushant Tare of St.Rocks College of Commerce, Science & Law.

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