The patents are an integral part of the intellectual property (IP) law which provides protection to the inventors’ exclusive rights over their creations. The concept of patent rights may appear simple, but to this day, there are countless people who ask, “What can be patented?” “How does one go about patenting rights?” and “Are there any specific principles regulating patents in India?” This article therefore attempts to address some of these questions, elucidating the development of patents and their importance and the legal framework governing these in India.
What is Patent?
In simple terminology, a patent is a legal right bestowed upon an inventor of the new product, process, or technological solution. This entitles the inventor to an exclusive right of the use, production, and distribution for the said invention. A patent is a kind of innovation that provides a solution to a technical problem or improves a process in some way. To be patentable, the invention must conform to certain requirements of novelty, inventiveness, and industrial applicability.
For invention to be patentable, it needs to satisfy the following conditions:
Novelty states that the invention has to be new, meaning that such an invention was never disclosed before.
Inventive Step refers that the invention ought to have an inventive step that is not obvious for someone skilled in the relevant technical field.
Workable means that the invention should be capable of being put to practical use in the industry.
What is a patent? It is a grant of a monopoly for a limited period of time for one or more of the following: Products; Processes; and Technical solutions. However, there also lies some exceptions. Some things are not patentable in India. They are:
Inventions contrary to the laws of nature or against public policy.
The mere discovery of new property or use of existing substances.
Processes of agriculture or horticulture.
Certain medical treatments such as surgical or therapeutic.
This is meant to protect the interests of society so that patents be not granted for ideas which are already in the public domain or for inventions that can prove harmful.
Importance of Patent Law
Patent law has a great role to play in the innovation landscape by holding the right of inventors. It gives boon to investors for research and development through assuring that investors can get monopoly on their own innovations by a limited period. This is typically 20 years, and thus it enables inventors to enjoy economic gain possible from their innovation, thereby encouraging innovation and progress for the future in technology and industry.
The Indian Patent System has witnessed tremendous changes from ancient times to today. Indian Patent Law is governed mainly by The Patents Act, 1970, but grants under British legislation were made for 14 years. With the Patents Act of 1970, a modern framework was created in India, with the introduction of product patents for food, drugs, and chemicals, amended in 2005.
Patent, Copyright, and Trademark: The Difference
One often confuses patents with copyrights and trademarks, which in fact might differ in meaning, intention, and field.
Patents protect technology or inventions.
Copyright protects original creative works: music, art, literature, and software code.
Trademarks protect logos, symbols, or brand names carried by goods or services of a certain enterprise.
While patents drive technical progress, copyrights protect the artistic creators’ rights, and trademarks protect their brand identity.
Why does Patent Law Matter?
Patent law does serve an important concern over the progress of technology and industry. Exclusive rights “by grant” gives inventors an incentive to invest time and money in finding creative, new solutions. At the same time, it prevents hard-earned efforts from going to waste by ensuring that inventors receive some sort of reward for their innovations while encouraging other inventors to make advancements in technology-revenues go up for the economy as a whole in terms of technology.
Also, patent law provides the space to use or copy inventions without the concerns to assure fair competition for businesses and people. The very emerging interest in intellectual property rights (including patents) has made it very easy for an innovator to secure and commercialize his innovations in India.
The Indian Patent Act, 1970
The Indian Patent Act, 1970, further brought sweeping changes to the intellectual property scenario in India. Patent was initially made available for a period of 14 years. However, the Patent Act of 1970 brought a modernized system and further amended it in the year 2005 to extend the patent term to 20 years irrespective of the field for all substance. The Amendment also facilitated product patenting in such previously prohibited sectors as pharmaceuticals, chemicals, and biotechnology.
Patent applications may currently be filed by an individual, a corporate entity, or even the government, thereby promoting innovation in all senses. The Patents Act provides for pre-grant and post-grant opposition for challenging patents during either stage i.e. before grant and after grant of the patent.
After How Many Years Is the Patent Valid in India?
The term of a patent in India is generally for 20 years from the date of filing. After this period, the invention enters the public domain, and any person can make, use or sell the invention without infringing on the patent rights. To keep a patent in force, the patent holder is required to pay an annual fee for renewal of the patent. If the renewal fee is not paid, the patent will lapse.
Eligibility for Patent Registration in India
In India, the applicants are required to file an application with the Indian Patent Office. The applicants can either be citizen of India or a foreign citizen, company or government. The application must specify in detail the scope of the invention and disclose the best method of performing the invention.
Some basic points for patent filing are:
Inventor identity: There are no barriers to application; the application may only be made by the true inventor or by the inventor’s assignee.
Complete specifications: The application should contain a complete explanation of the invention and claims with respect to the legal protection wanted.
Patenting Procedure
The procedure for filing a patent in India requires different stages to be pursued starting from checking whether the invention is patentable or not to initial research undertaken by an inventor. This initially determines the possibility of such application getting through. Once that is done, the next stage is filing an application that involves many forms such as Form 1 (Application for Patent) and Form 2 (Patent Specification).
The application is published, unless the inventor demands an earlier publication, 18 months post the submission. Then the application is examined, and the inventor counter-responds against the objections by the examiner. On the acceptance of the application, the patent may be granted.
This is the law that promotes the arts such as inventions and other creative works and stimulates innovation by removing it from the ambience of corporate monopoly. Understanding patentability requirements and the patenting process in India will enable inventors to file for patents for their inventions, thus energising technological advancement. In essence, a patent would provide protection against unauthorized copying of ideas, reward inventors for hard work, and recognize their claims as individuals or companies.
If inventors follow the appropriate channels and respect the timeframes set, they can easily proceed to patenting, thus facilitating the growth of innovations in India and many other countries.