What is a Patent?
A Patent implies the granting of a property right by a sovereign authority to an inventor. A Patent provides the inventor an exclusive right for an invention up to a certain period in exchange for a complete disclosure of the invention. These rights prohibit others from making, selling, or using the invention without permission for a while.
Table of Content
- The Patents Act, 1970
- Rights and Obligations of the Patentee
- Patent Infringement
- Conclusion
- Frequently Asked Questions (FAQs)
An invention is considered new if, on the day of application, any such invention is not known to the public in any form; i.e., writing, oral, or any other form. Anything will not be considered an invention if such a thing is already known in the public domain. The term of every patent granted is 20 years which is counted from the date of filing of the patent application. Since a patent is only a territorial right, it can be applied only in the country where it has been granted. Therefore, any legal proceedings against infringement of a patent can only be taken in that country. The Patent Corporation Treaty (PCT) guides applicants in seeking patent protection internationally for their inventions through a single patent application where a patent can be filed in a large number of countries.
What cannot be patented?
- Frivolous Inventions: Those inventions which are contrary to public order, morality, public health, environment, etc.
- Mere discovery of scientific principles or any new form of substance that already exists in nature.
- Any method related to agriculture or horticulture.
- Aesthetic creations such as literacy, dramatic, musical or artistic work.
- Traditional knowledge and presentation of information.