Patents

A patent is a form of intellectual property that provides legal protection for inventions. It is a set of exclusive rights granted by a government to an inventor or assignee for a limited period of time, typically 20 years from the filing date of the patent application, in exchange for the public disclosure of the invention.

Patents are granted for new and useful inventions that are novel, non-obvious, and have industrial application. This can include products, processes, machines, and compositions of matter. To be granted a patent, the invention must be fully and clearly described in the patent application, and the application must meet the requirements of the patent office in terms of form and substance.

Patent protection gives the patent holder the exclusive right to make, use, and sell the invention for the duration of the patent. This means that others are prohibited from making, using, or selling the invention without the permission of the patent holder. The patent holder can also license or sell the patent to others, allowing them to use the invention in exchange for royalties or other forms of compensation.

Patents are important because they incentivize innovation by providing inventors with a means to protect their ideas and investments. Patents also promote the dissemination of knowledge by requiring inventors to publicly disclose their inventions, which can help to advance scientific and technological progress.

Conditions requirement

To be granted a patent, an invention must meet certain conditions and requirements. These include:

• Novelty: The invention must be new and not already known or disclosed to the public. This means that the invention cannot have been previously patented, published, or publicly disclosed in any way.
• Non-obviousness: The invention must not be obvious to a person having ordinary skill in the relevant field. This means that the invention should not be something that any skilled person could have easily come up with based on existing knowledge or technology.
• Industrial applicability: The invention must have practical use in industry. This means that the invention must be capable of being manufactured or used in some way that is useful or beneficial to society.
• Adequate description: The invention must be fully and clearly described in the patent application. The description should enable a person having ordinary skill in the relevant field to understand how to make and use the invention.
• Patentable subject matter: The invention must be eligible for patent protection under the relevant laws and regulations. In most countries, patentable subject matter includes products, processes, machines, and compositions of matter, but excludes certain types of inventions such as abstract ideas, laws of nature, and natural phenomena.
• Timely application: The patent application must be filed within a certain period of time from the date of invention or first public disclosure. The exact time period varies by country, but generally ranges from 6 months to 1 year.

Meeting these requirements is essential for obtaining a patent and securing legal protection for an invention. It is important to note that the patent application process can be complex and time-consuming, and often requires the assistance of a qualified patent attorney or agent.

Patentable Inventions under the Patents Act, 1970

Under the Patents Act, 1970, the following are patentable inventions:

• Products: This includes any new and useful products, such as machines, devices, chemicals, and compositions of matter.
• Processes: This includes any new and useful processes, such as manufacturing processes, industrial processes, and methods of treatment.
• Software: In India, software is considered patentable subject matter as long as it meets the criteria of novelty, non-obviousness, and industrial applicability. However, software that is simply a computer program without any technical effect or industrial application is not eligible for patent protection.
• Biotechnological inventions: This includes any invention related to living organisms, such as genetically modified organisms, cells, tissues, and microorganisms.
• Pharmaceutical inventions: This includes any new and useful drugs, medicines, and formulations.

It is important to note that certain types of inventions are not eligible for patent protection in India. These include:

• Mathematical methods, business methods, and computer programs that do not have any technical effect or industrial application.
• Naturally occurring substances and living organisms that are not genetically modified.
• Inventions that are contrary to public order, morality, or public health.

Types of patents

• Utility patents: Utility patents are the most common type of patent and are granted to new and useful processes, machines, manufactures, compositions of matter, and improvements to any of these. Utility patents protect the way an invention works or is used, rather than its appearance. In order to be granted a utility patent, an invention must be novel, non-obvious, and useful. The patent application must also include a detailed description of the invention, including how it works and how to make and use it.
• Design patents: Design patents are granted for new, original, and ornamental designs of articles of manufacture. Design patents protect the appearance of an invention, rather than the way it works or is used. In order to be granted a design patent, an invention must be original and not obvious. The patent application must include detailed drawings or photographs of the design, and the drawings or photographs must clearly show the ornamental design features that are claimed.
• Plant patents: Plant patents are granted for new and distinct varieties of plants that are asexually reproduced. Plant patents protect the way a plant looks, rather than the way it is used or works. In order to be granted a plant patent, an invention must be new, distinct, and not obvious to a person skilled in the field of plant breeding. The patent application must also include a detailed description of the plant, including its characteristics and how to reproduce it asexually.

Essential Patent documents to be submitted

The essential patent documents that need to be submitted to apply for a patent in India are:

• Patent Application Form: This is the form that needs to be filled in to apply for a patent in India. It includes details about the inventor, the invention, and the claims being made.
• Patent Specification: This is a written description of the invention that provides enough detail to enable someone skilled in the field to make and use the invention. The specification should include a title, abstract, background of the invention, a detailed description of the invention, and claims being made.
• Drawings: Drawings or diagrams are often included in the patent application to provide a visual representation of the invention.
• Abstract: An abstract is a brief summary of the invention that is included in the patent application.
• Claims: The claims section of the patent application defines the legal scope of protection being sought for the invention. It specifies what the inventor considers to be the essential features of the invention.
• Priority Document: If the inventor has already filed a patent application in another country, they may be able to claim priority for their Indian application. In such cases, a priority document needs to be submitted.

Criteria for naming inventors in an Application for Patent

The criteria for naming inventors in an application for a patent vary depending on the laws of the country in which the patent is being sought. In general, however, the following criteria are used to determine who should be named as an inventor:

• Conception of the invention: The individual who conceived of the invention or who contributed to the conception of the invention should be named as an inventor. This means that they must have had the idea for the invention and must have played a significant role in its development.
• Reduction to practice: In some countries, an inventor must also have contributed to the reduction to practice of the invention. This means that they must have been involved in actually building or testing the invention in order to prove that it works.
• Significant contribution: The contribution of an inventor must be significant enough to be considered inventive. This means that they must have contributed something new and non-obvious to the invention.
• Ownership: An inventor must have some ownership interest in the invention in order to be named as an inventor. This means that they must have contributed enough to the invention to be considered a co-owner of the intellectual property.

It is important to note that the criteria for naming inventors may vary depending on the country in which the patent is being sought. In some countries, for example, only the person who made the greatest contribution to the invention may be named as an inventor, while in others, all individuals who contributed significantly to the invention may be named. It is important to consult with a patent attorney or agent to ensure that all inventors are named correctly and that the application meets all legal requirements.

Applying Process

The process of applying for a patent varies depending on the country in which you are seeking protection. In general, the process involves preparing and filing a patent application with the appropriate government agency, which will review the application and determine whether to grant a patent.

In India, the process of applying for a patent involves the following steps:

• Conduct a patentability search: Before filing a patent application, it is important to conduct a patentability search to ensure that the invention is novel and non-obvious. This can be done by conducting a search of existing patents and published patent applications.
• Prepare a patent application: Once you have determined that the invention is novel and non-obvious, you will need to prepare a patent application that describes the invention in detail and includes any necessary drawings or diagrams.
• File the application: The patent application can be filed online or in person at the Indian Patent Office. Along with the application, you will need to pay the required fees and provide any necessary supporting documents.
• Examination: After the application is filed, it will be examined by the Indian Patent Office to determine whether the invention meets the requirements for patentability. If the application is found to be in order, it will be published in the official patent journal.
• Grant of patent: If the application is found to meet the requirements for patentability, a patent will be granted and the inventor will have exclusive rights to the invention for a period of 20 years from the date of filing the application.