Patent Law
Intellectual Property Rights
A patent is a form of intellectual property. The person who has patented his work enjoys the protection of his invention from anyone to make, use, sell such invention for a limited period of time.
With the development of inventions, the inventors want to make their rights on their work to be exclusive. To do such the inventor has to get his work patented.
Patent law sees itself way back in 1911 when it was enacted, known as the Indian Patents & Designs Act, 1911. A new actis is known as the Patents Act, 1970 which was brought into effect by amending the old act. The present article will enlighten on the area of how the patent law works in India in safeguarding inventions of the inventors.
What is a Patent?
The word Patent refers to a monopoly right that an owner gets for an invention that is conducted by him. Not all inventions are patent-able in nature nor it is essential to protect inventions solely through patent.
What is the object of Grant of Patent?
The object of the grant of Patent is to encourage research and development and innovation and to also provide protection to inventions.
What is the Time Period for which Patent is granted?
Initially, the Act provided for a shorter term for the protection of medicine or drug substances. However, after the Amendment Act of 2005 came into effect the uniform period of 20 years was fixed for all the Patents. Thus, once the prescribed period of 20 years is over, then any person can exploit the patented invention i.e. the invention will become public property. The term of a patent begins from the date of application of patent Just like in the case of a patent.
What are the requirements for a Grant of Patent?
- The application for grant of Patent shall be filed at the Indian Patent Office.
- Any person whether an Indian or a Foreigner, individual or a company, or the Government can file a Patent Application.
- The person who is applying for a Patent shall be the true and first inventor of the invention proposed to be patented.
- The patent application can also be made jointly.
- The patent application shall primarily disclose the best method of performing the invention known to the applicant for which he is entitled to claim protection.
- The applicant shall also define the scope of the invention.
- The invention desired to be patented shall be- new, should involve an inventive step, and must be capable of industrial application.
- A patent application can be made for a single invention only.
What are the requirements for Patent Filing?
Legallands LLP provides efficient patent filing services to Indian and International Corporates, Individual inventors, and Law Firms. Legallands has proved itself as one of the fastest filing reporting to the respective clients. We are the best law firm in Delhi that is diligently monitoring all deadlines taking the necessary steps.
Types of Applications Being Filed at the Indian Patent Office
Ordinary Application- is the first application made for an invention without claiming any priority. This application should be accompanied by a complete specification and claims. (In India, a Provisional Application can be filed too.)
Convention Application- is an application that claims a priority based on the same or substantially same invention(s) filed in one or more of the convention countries in accordance with the Paris convention. The application must be filed within 12 months from the date of the first application in the convention country.
PCT International Application- is an application which is filed in accordance with the Patent Cooperation Treaty (PCT). A PCT application can be filed within 12 months of the Indian Filing (Priority) Date or directly without filing in India, by filing Foreign Filing License in accordance with Section 39 of the Indian Patent Act.
PCT National Phase Application- is an international application which can enter the Indian National Phase within 31 months from the Priority Date or International Filing Date whichever is earlier.
Which Inventions are not patent-able?
Non-patentable inventions are enumerated under Section 3 and 4 of the Patent Act. Such inventions are delineated below:
- Inventions which are contrary to public order or morality is not patentable.
- An idea or discovery cannot be a subject matter of a patent application.
- Inventions pertaining to known substances and known processes are not patentable i.e. mere discovery of a new form of a known substance that does not enhance the known efficacy of that substance is not patentable.
- An invention obtained through a mere admixture or arrangement is not patentable.
- A method of agriculture or horticulture cannot be a subject matter of the patent.
- A process involving medical treatment of humans and animals or to increase their economic value cannot be the subject matter of a patent.
- Plants and animals in whole or in part are not patentable.
- A mathematical or business method or a computer program per se or algorithms is excluded from patent protection.
- Matters that are the subject matter of copyright protection like literary, dramatic, musical or artistic work is not patentable.
- Any scheme or rule.
- Presentation of information
- The topography of integrated circuits.
- Traditional knowledge.
- Inventions relating to atomic energy.
LEGALLANDS offers the following services:
- Drafting of provisional and complete specifications (Ordinary/ PCT / Convention applications);
- Filing and Prosecution of applications (including Attending to the technical objections raised by foreign Patent offices);
- Filing and prosecuting National phase entry in all PCT designated states;
- Maintenance of patents (post-registration services);
- Oppositions & Revocation;
- PCT- third party observations;
- Monitoring Patent Gazette (Journal);
- Searches & Opinions: Novelty Searches; Patentability, Invalidity and Infringement/freedom to operate(FTO) searches;
- Licensing and Assignment agreements, Due Diligence and all other related activities.
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