A patent is the government's exclusive right to prevent others from using, making, or selling an innovation for a set period of time. The basic goal of patent legislation is to encourage innovators to contribute more to their fields by giving them exclusive rights to their ideas. The patent is the privilege awarded to an inventor for the invention of any novel, useful, non-obvious process, machine, product of manufacture, or composition of matter in modern words. The word "patent" comes from the Latin word "patere," which meaning "to lay open," or to make something available for public view.
A patent is a legal claim to a specific piece of land. As a result, it can only be used in the country where it was issued. As a result, any legal action against patent infringement or rights infringement can only be taken in that country. Each country must file for a patent in order to acquire patent protection in that country. The Patent Cooperation Treaty (PCT) establishes a method for filing an international patent application in which a patent can be submitted in a large number of nations using a single patent application.
What can be Patented?
The exclusions regarding what can be patented in India are clearly stated in Sections 3 and 4 of the Indian Patents Act, 1970. In order to secure a patent in India, various requirements must be met. They are as follows:
1. Patent Subject - The most critical factor to evaluate is whether or not the invention relates to a patentable subject matter. Non-patentable subject matter is listed in Sections 3 and 4 of the Patents Act.
2. Novelty - A novelty or new invention is defined as "no innovation or technique published in any document before the date of filing of a patent application, anywhere in the country or the world," according to Section 2(l) of the Patent Act. The entire specification, i.e., the subject matter, has not been released into the public domain or is not considered state-of-the-art."
3. Inventive Steps or non-clarity - An innovative step is defined as "the characteristic of an invention that incorporates scientific advancement or is of economic importance or both, as compared to existing knowledge, and invention not obvious to a person competent in the art," according to Section 2(ja) of the Patents Act.
4. Capable of industrial Application- Section 2 (ac) of the Patents Act defines industrial applicability as the invention can't exist in a vacuum. It must be able to be used in any industry, which means it must be of actual utility in terms of patents.
Rights Of Patentee
If the patent is for a person, the patentee has the exclusive right to use, exercise, sell, or distribute the patented product or substance in India, or to use or exercise the method or process. This right can be utilized by the patentee, his agent, or his licensees. The patentee's rights are only exercisable for the duration of the patent.
The patentee has the option of transferring rights, granting licences, or entering into another arrangement for a fee. To be legitimate and valid, a licence or assignment must be in writing and registered with the Controller of Patents. The document assigning a patent is not admissible as evidence of any person's title to a patent until it is registered, and this applies to the assignee, not the assignor.
A patentee has the option of surrendering his patent, but before doing so, a notice of surrender is sent to all persons whose names are listed in the patent register as having an interest in the patent, and their objections, if any, are considered.
The patentee has the right to file a lawsuit before a District Court with jurisdiction over the case for patent infringement.
Patent infringement occurs when someone uses, produces, sells, or offers to sell the subject matter or invention of another person's patent without their permission. Patents come in a variety of forms, including utility patents, design patents, and plant patents. Patent infringement is based on the principle that unauthorised parties are not permitted to use patents without the owner's permission.
Any unauthorised manufacture, sale, or use of a patented invention is considered patent infringement. Patent infringement might take place either directly or indirectly.
Direct patent infringement is the most prevalent type of infringement, in which the infringing invention is actually disclosed or performs substantially the same function as the patent claims.
Indirect patent infringement is another sort of patent infringement that can be classified into two categories. 1. Infringement via enticement is defined as any action taken by a third party that causes another person to directly infringe on a patent. 2. The selling of components of material that are created for use in a patented invention but have no other commercial application is known as contributory infringement.
Remedies for Patent Infringement
In the event of infringement, patent owners have a number of options. In patent infringement cases, monetary remedies, equal relief and costs, and attorneys' fees may be available.
Monetary Relief- To avoid patent infringement, monetary compensation in the form of compensatory damages is provided. When determining the patent's value, a patent owner may have lost earnings due to infringement. Compensation charges can be charged up to three times in cases of will or violation of will. Only 6 years after the patent is issued and only after the infringement claim is filed may the entitlement to damages be asserted.
Equitable Relief- The court can impose orders to stop someone from doing something or acting in a certain way. There are two types of injections available:
Preliminary injunctions are orders issued in the early stages of lawsuits or lawsuits to prevent parties from performing a disputed act (such as making a patent product)
A perpetual injunction is a court ruling that prevents people from doing certain things or taking specific actions indefinitely.
Individuals and businesses can get a lot of bang for their buck when it comes to developing new technology thanks to patents. In the quest for how, where, and when to patent, an intelligent strategy should be used that aligns corporate interests to adopt the technology with a wide variety of possibilities.
This article is written by Tanishka Bajaj of Vivekananda Institute of Professional Studies.