Purpose of Patent Law | Shainelex Best Criminal Law Firm In Kolkatta
The strength of a nation comes from its ability to make new inventions in the field of technology, which can only be fulfilled when laws are made such that they support research and innovation. India is one of those countries where technology is encouraged. The Patent Law of 1972 gives various rights to inventors. This article will discuss the purpose of patent law.
The synonym for patent is invention. The purpose of patent law is to make an invention patented. A patentable invention enjoys various benefits and rights. However, a patentable invention must fulfill specific criteria mentioned in the patent law. For instance, it must be a new invention in a particular field. When inventors get their inventions patented, they can bring those to the market for the public.
Inventions that are Excluded from Patent Law
There is no benchmark for patentable inventions. A straightforward criterion to get the invention patented is that it should not be a copy of any previous innovations. On the contrary, if we go according to the law, some specific inventions cannot be patented in any circumstances. Let us see those.
1. For the inventions to get patented, they should not pose any threat to the environment. Innovations that have an adverse effect on natural laws cannot receive patents.
2. Inventions should not produce any adverse effect on public health.
3. Inventions that are not moral and do not follow the laws of India.
4. Inventions that are mere discoveries or scientific principles.
5. It should not cultivate any abstract thesis.
6. Inventions should not be the duplicity of old inventions. For example, some arrangements and rearrangements performed on the old inventions do not make them patentable.
7. Inventions that are just the testing method applicable during the manufacturing process do not fall into this category.
8. Inventions that are just the method of horticulture or agriculture.
9. Processes that treat human, plant, and animal diseases so as to increase their or their product’s economic value.
Difference between Copyright, Patent, and Trademark
Patent, copyright, and trademark all have different meanings under Indian law, but they are often confused. Let us see their differences.
A patent is a pure invention originating from an innovative mind. It embraces technology. On the other hand, a trademark is a mark or a symbol that specifies a particular brand. In comparison, copyright refers to the original work of the individual. This work could be literary, musical, artistic, etc., and falls into the entertainment category.
What is the Patent Law
The patent law of India has gone through tremendous changes. Notably, patent law has been present in India since the time of the British reign. The first patent law came into existence during the British period. During that time, act VI of 1856 protected the rights of inventors for 14 years from the day the invention was patented.
Various changes were brought to the 1856 act, and finally, in 1911, a new patent law, the Indian Patent, and Design act, was made. Again, the act was made during the British reign, so it has to be altered. In 1972, new Indian patent law was made, Patent Act (1970). Since 1972, the act has gone through tremendous changes.
The significant changes in the patent law are brought through the 2005 amendment. For example, earlier, the patent law was limited to the technologies only, but later, other fields like food, chemicals, drugs, and microorganisms were also included. Besides, there are still some cases where innovations cannot get patented.
Additionally, the patent law protects an inventor’s patent for a period of 20 years. The days are counted from the day of registration. On the contrary, inventors must renew the patent annually by paying a minimal fee. Once the given period of 20 years is over, the invention will be open for public use, and anyone can create related products. Now, let us see the purpose of patent law.
What is the Purpose of the Patent Law
1. Patent law is made to secure the rights of inventors. After registering their inventions, inventors have every right to sell their products globally. The primary purpose of the patent law is to support original innovating technologies in India. It prohibits the duplicity of technologies.
2. Once an invention is patented, the innovator receives the right to manufacture, sell, import, and export the invention.
3. If an inventor finds some business commercially exploiting their patented innovations, then they can stop them from doing so by complaining against the exploiter.
4. If someone duplicates the patented innovations without approval, the innovators can invoke their rights and take strict action against them.
How to Register a Patent in India
After seeing what patent law is and the purpose of patent law, now it’s time to see how to register a patent law in India. There are many steps involved in registering a patent in India.
Step 1. Know Everything About your Invention
It is essential to know everything about your invention, from which field the invention belongs to the principal on which it works. You need to be prepared to answer all the questions related to technology. Before registering your patent, you must check your inventions are not violating the conditions given for the patentable products. We have mentioned nine different cases where products are not patentable.
Step 2. Prepare a Patentability Report
Before filing a patent, the inventor must prepare a patentability report to ensure the invention falls under the morality criteria under the Patent Law. For preparing a patentability report, you need to do extensive research. However, you can choose to eliminate this step.
Step 3. Prepare a Draft
Now, the next step is drafting the patent application. Every little description of the invention, including its background, summary, claims, and theory, should be extensively drafted.
Step 4. File the Patent Application
Now, the actual process begins. You must visit the government patent office to file the patent application. The applicant will get a receipt after filing the form. One can also file a patent application during the initial stage of invention. Notably, 12 months are provided to fill the full specification.
Step 5. Publication
After filing the application form, the applicant needs to wait for 18 months to get the application published. There are no particular criteria for publishing the application. Nevertheless, if an applicant does not want to wait, he/she can make an early publication request by paying the required fee.
Step 6. Examination Request
After filing the application, the applicant has to request separately to the patent office within 48 months from the date of filing the application. After the request, the controller will send the application to the patent examiner, who will provide the applicant with a First Examination Report after examining the patent based on specific criteria.
Step 7. Response to the Objection
If the applicant receives the objection from the patent office via the First Examination Report, he/she has to write the response at the earliest.
Step 8. Patent Grant
The patent will be granted if all the objections are answered skillfully and everything goes well. The applicant needs to check the patent journal timely.
The purpose of the patent law is to encourage the invention of new technologies and bring zeal in innovators. In India, inventions can be patented for a period of 20 years. During this time, the invention and inventor enjoy certain rights and benefits.