Question 1. What Is A Patent?
A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.
Question 2. What Are The Requirements For A Patent?
Patents are granted only after the satisfaction of certain requirements, which include the patentable subject-matter, utility, novelty, obviousness and specification.
Question 3. What Is Patentable Subject Matter?
To be patentable, an invention should fall within the scope of patentable subject matter as defined by the patent statute. The invention must be a product or a process in order to be eligible for patent protection. With regard to medicine or drug and certain classes of chemicals no patent was granted for the product itself even if new, only the process of manufacturing the substance was patentable. After the Patents Amendment Ordinance, 2004, which commenced on January 1st, 2005, the provision relating to food, drugs and other chemicals have been omitted. Both product and process patents are now available for Food and Drugs.
An invention, which is a product or process, is not eligible for a patent grant, if it falls within the scope of non patentable inventions mentioned under section 3 of the Patent Act.
Question 4. Why Novelty Required For Patent?
The invention claimed must be novel indicating that it should be new at the time of conception. Novelty of invention must be considered in the light of prior art. Prior art means the technology that is relevant to the invention and was publicly available at the time the invention was made. It includes prior specifications, patents, printed and published literature and other materials related to the invention. An invention is not novel if it can be anticipated in the light of prior art.
Question 5. Obviousness/inventive Step In Patent?
An invention should also not be obvious to a person having ordinary skill in the art to which it relates. If the invention is obvious and does not have any inventive step, it is not patentable. Existence of a prior publication of the invention in any Indian specification or in any document in India or elsewhere or public use of the invention would make an invention obvious. In order to be ineligible for a patent, an invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.
Question 6. Specification In Patent?
Specification is an essential part of a patent. It should consist of the subject-matter, description and at times including the drawing of the invention indicating its scope. The specification has to enable a person with ordinary skill in the art to practice and use the invention. It should also describe the best mode of performing the invention.
A patent will be granted only if it satisfies all the aforementioned requirements.
Question 7. What Does A Patent Grant?
A patent grants exclusive rights to the patent owner. It grants the right to make, use, sell, offer for sale, and import the invention into India. Only the patent owner has the right to exercise any or all of the aforementioned rights over the invention.
Question 8. What Is Patent Infringement?
Infringement of a patent is the violation of the exclusive rights of the patent holder. If any person exercises the exclusive rights of the patent holder without the patent owner’s authorization then that person is liable for patent infringement.
Question 9. What Are Defenses For Patent Infringement?
Use of a patent for research or experiment, government use, inequitable conduct, patent misuse and laches are some valid defenses for patent infringement.
Question 10. How To Industrially Applicable Patent?
A patent can be obtained only if an invention is industrially applicable. An invention is said to be industrially applicable, if it can be made and used in an industry.
Question 11. What Is The Establishment Of Patent Administration In India?
Patent system in India is administered under the superintendence of the Controller General of Patents, Designs, Trademarks and Geographical Indications.
The Office of the Controller General functions under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. There are four patent offices in India. The Head Office is located at Kolkata and other Patent Offices are located at Delhi, Mumbai and Chennai. The Controller General delegates his powers to Sr. Joint Controller, Joint Controllers, Deputy Controllers and Assistant Controllers. Examiners of patents in each office discharge their duties according to the direction of the Controllers.
Question 12. Hierarchy Of Officers In Patent Office?
Controller General of Patents, Designs, Trademarks & GI
Examiners of Patents & Designs
Assistant Controller of Patents & Designs
Deputy Controller of Patents & Designs
Joint Controller of Patents & Designs
Senior Joint Controller of Patents & Designs
Question 13. What Are The Patentable Inventions?
A patent can be granted for an invention which may be related to any process or product. The word “Invention “ has been defined under the Patents Act 1970 as amended from time to time.
“An invention means a new product or process involving an inventive step and capable of industrial application” (S. 2(1)(j))
“ new invention” is defined as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art; Where, Capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry
(S.2 (1)(ac)) Therefore, the criteria for an invention to be patentable are,
- An invention must be novel
- has an inventive step and
- is capable of industrial application
Question 14. What Are The Not Patentable Inventions?
There are some products and processes, which are not patentable in India They are classified into two categories in the patent act
- Those which are not inventions (S.3)
- Invention relating to atomic Energy (S.4)
Various types of non-patentable inventions under Section 3 are as follows-
3(a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws.
3(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
3(c) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
3(d) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or 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.
3(e) A 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:
3(f) The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way.
3(h) A method of agriculture or horticulture.
3(i) Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being 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.
3(m) A mere scheme or rule or method of performing mental act or method of playing game;
3(n) A presentation of information
3(o) Topography of integrated circuits;
Question 15. Various Types Of Patent Applications In India?
- Ordinary application
- Convention application
- PCT international application
- PCT National phase application
- Application for Patent of addition
- Divisional Application
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