BASIC PATENT LAW
Patent law has been formulated with an objective to promote and protect inventions and methods. A Patent can be granted for an invention which may be related to any process or product. The word “invention” has been defined under Patent Act 1970. The Indian Patent’s Act 1970 provides patent protection in India
The object of Patent Law is to encourage research, new inventions, new technology
and Industrial process.
A Patent provides an Inventor/owner with exclusive rights to an invention for a limited period of time. Many people have the misconception that a patent gives the inventor right to make, use, and sell the invention which is actually wrong. A patent provides the right to exclude others from making, using and selling the invention. A patent includes the written description of the invention.
To be Patentable, Invention should fall within the scope of patentable subject matter, the invention must relate to machine, article, substance produced by the manufacturer. The invention must relate to a machine, article, substance produced by the manufacturer, if any machine, article, substance falls outside the scope of patentable subject matter it cannot be patentable. You can patent any useful and new process. One must inquire as to whether the invention is new, as long as the invention is new and different it is open for patent. Ideally, a patent application should be filed before making any disclosures about your invention.
There is certain procedural requirement that needs to be fulfilled before filing for a patent:-
• An application for a patent in prescribed form along with the fee has to be filed in the appropriate patent office.
• Application is scrutinized.
• After examining the application, patent office will raise objections.
• After acceptance patent is put in official gazette
A patent gives the patentee exclusive right to make or use the patented article. The patentee can assign or grant licenses. An application can be filed by the first and true inventor; it can also be filed by the assignee or legal representative of the inventor
A patent application is assigned to the patent examiner working in the field of invention. An application for a patent in the prescribed form along with the prescribed fee has to be filed in the appropriate patent office. Examiners of patents scrutinize the application accompanied by a specification so that it satisfies the requirements. After examination, the Patent Office will raise objections and once the applicant convinces the Controller of Patents will put the specification in the Official Gazette and on its acceptance without any controversy; a patent shall be granted.A patent application will be published on expiry of eighteen months after the priority date. It can be published earlier, if such a request is made by the applicant. The application will not be published if directions are given for secrecy, until the term of those directions expires. It will also not be published if the application is withdrawn three months before publication date.
A Patent can be granted to the manufacturer if he complies with the application and satisfy all the requirements in the application form.
Getting the inventions patented is an extremely important consideration now a days and every inventor must protect his rights by getting himself acquainted with the patent law and putting it to use for his benefit.
The object of Patent Law is to encourage research, new inventions, new technology
and Industrial process.
A Patent provides an Inventor/owner with exclusive rights to an invention for a limited period of time. Many people have the misconception that a patent gives the inventor right to make, use, and sell the invention which is actually wrong. A patent provides the right to exclude others from making, using and selling the invention. A patent includes the written description of the invention.
To be Patentable, Invention should fall within the scope of patentable subject matter, the invention must relate to machine, article, substance produced by the manufacturer. The invention must relate to a machine, article, substance produced by the manufacturer, if any machine, article, substance falls outside the scope of patentable subject matter it cannot be patentable. You can patent any useful and new process. One must inquire as to whether the invention is new, as long as the invention is new and different it is open for patent. Ideally, a patent application should be filed before making any disclosures about your invention.
There is certain procedural requirement that needs to be fulfilled before filing for a patent:-
• An application for a patent in prescribed form along with the fee has to be filed in the appropriate patent office.
• Application is scrutinized.
• After examining the application, patent office will raise objections.
• After acceptance patent is put in official gazette
A patent gives the patentee exclusive right to make or use the patented article. The patentee can assign or grant licenses. An application can be filed by the first and true inventor; it can also be filed by the assignee or legal representative of the inventor
A patent application is assigned to the patent examiner working in the field of invention. An application for a patent in the prescribed form along with the prescribed fee has to be filed in the appropriate patent office. Examiners of patents scrutinize the application accompanied by a specification so that it satisfies the requirements. After examination, the Patent Office will raise objections and once the applicant convinces the Controller of Patents will put the specification in the Official Gazette and on its acceptance without any controversy; a patent shall be granted.A patent application will be published on expiry of eighteen months after the priority date. It can be published earlier, if such a request is made by the applicant. The application will not be published if directions are given for secrecy, until the term of those directions expires. It will also not be published if the application is withdrawn three months before publication date.
A Patent can be granted to the manufacturer if he complies with the application and satisfy all the requirements in the application form.
Getting the inventions patented is an extremely important consideration now a days and every inventor must protect his rights by getting himself acquainted with the patent law and putting it to use for his benefit.
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