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.

Patents Act, 1970: Rights and Obligations, Infringement and FAQs

Similar Reads

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....

The Patents Act, 1970

Section 2 (m) of the Patents Act, 1970 defines the term Patent as a patent for any invention granted under this act. The main objective of the Patents Act, 1970 is to protect and safeguard the intellectual products....

Rights and Obligations of the Patentee

A grant of Patent in India gives the Patentee an exclusive right to utilize or make the patented invention. Certain rights and obligations of a Patentee are enshrined under The Patent Act, 1970....

Patent Infringement

Patent infringement occurs when another party makes unauthorised use, production, sale or offer of sale of a subject matter without the patent holder’s permission. The idea behind patent infringement is that unauthorised parties are not permitted to use patent without the patent holder’s permission. In the patent infringement cases, the court usually compares the subject matter covered under the patent with the subject matter that is used by the infringer. Infringement may occur directly or indirectly....

Conclusion

In conclusion, Patent Infringement is violation of the rights of a patent and different types of infringement need to be defended differently. It is very important for business to conduct proper research before filing for a patent in order to ensure that their invention is novel and non obvious. This in turn will help to minimise the risk associated with infringement....

Frequently Asked Questions (FAQs)

1. What is Patent?...