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Patent 101

Posted By Admin on 24 Sep 2015

What is a Patent?

A Patent is a right granted to an inventor for a limited period of time (currently 20 years under the Patents Act, 1970) by a country government when the procedure that lead to such invention is disclosed to the Comptroller of Patent Office. A Patent bestows upon an inventor, the sole right to exclude others from making, using, or selling his invention.

What are the criteria for granting a patent?

In order to be eligible for grant of a patent, an invention must be new, novel and should not present itself as being obvious to a person who is skilled in art. This implies that everything that is already known in that particular field of art shall not be eligible for a patent. For an Invention to be regarded new and novel it must enrich the state of its respective art and eliminate any inconvenience, difficulty or error substantially.

Is there a time limit to apply for a Patent?

Yes, the true inventor must apply for a Patent not later than 12 months from the date the invention was first disclosed or Published.

What amounts to Publication under the Patents Act, 1970?

Newsletters, newspaper articles, textbooks, bulletins, journals, reports ,thesis, and letters sent to the editor qualify as publications. Oral presentations may constitute publication, as would distribution of a paper at a public meeting. The Publication must describe the invention and its process in such a manner so that it may be sufficient to be replicated and put to use .Electronic communications, such as e-mail, etc. is also considered publication.

What cannot be patented under the Patents Act 1970?

According to the Patents Act, 1970
“Inventions relating to Atomic Energy and following are not inventions within the meaning of Patent Act,–

(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

(b) an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;

(c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;

(d) the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

(e) substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

(h) a method of agriculture or horticulture;

(i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

(k) a mathematical or business method or a computer programme per se or algorithms;

(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

(m) a mere scheme or rule or method of performing mental act or method of playing game;

(n) a presentation of information;

(o) topography of integrated circuits;

(p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

How is a Patent filed in India?

Patent is filed in India under two modes; National Patent and International Patent under PCT route. Forms are prescribed under rule 2 of the Patents Rules, 2003 given in Schedule II of the Patents Act 1970 as amended by the Patents Amendment Act, 2002.

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