Patent

By Tanisha Gangrade
 We will learn in this Lecture…
✓ About Patent ✓ Invention not Patentable
✓ What is Patent? ✓ What Rights does a Patent Owner have?
✓ Why should one go for Patent? ✓ Limitations of a Patent
✓ Why Patent is necessary? ✓ Patent Grant Procedure
✓ Need of a Patent ✓ Journey of Indian Patent System
✓ Can a patent be obtained worldwide? ✓ The Indian Patent Act – 1970
✓ Requirement of Patent ✓ Treaties & Foreign Patents
✓ Types of Patents ✓ WIPO
✓ Patent Granted for
 Patent
Patent word from Latin: Patere
"To Lay Open"
(To make it available for public inspection)

✓ Patent is a grant from the government.

✓ A guarantee for a limited period of time.
✓ The required privilege for
➢ Making
➢ Selling
➢ Using the invention
 What is Patent?

➢ A patent is the right granted by a government to an inventor to exclude others from

imitating, manufacturing, using or selling the invention in question for
commercial use during the specific period.

➢ A patent is a monopoly right to a person

who has invented a new and useful article
or it is an improvement of an existing
article or a new process of making an
article.
➢ A patent is not granted for an idea or
principle as such, but it is granted for
some article or the process of making
the same article.

➢ The term of every patent Is 15-20 years and it maintain by paying the
renewal fees at every succeeding year.
 Why should one go for Patent?

➢ Prevention against leaking of the invention through workmen of inventor.

➢ Prevent secret exploitation of invention by the competitor.

➢ On obtaining patent the patentee can lawfully enforce against infringers.

➢ Patentee can get monetary reward by granting licenses to others, or by

cross- licensing or, by assigning the patent, or, by donating the patent & get
the tax benefit.
 Why Patent is necessory?

➢ To encourage research and development.

➢ Induces an inventor to disclose his invention.

➢ Stimulate capital investment affects economy.

➢ Encourages technology development.

➢ Encourages establishment of new industries.

 Need of Patent

To protect the creativity of individual

Need of Patent

To protect their invention from being copied

To reward the inventor

 Can a patent be obtained worldwide?

➢ At present, no world patents exist.

➢ In general, an application for a patent must be filed, and a patent shall be
granted and enforced, in each country in which you seek patent
protection.
➢ In some regions, a regional patent office, for example, the European
Patent Office (EPO) grants patents, which have the same effect as
applications filed, or patents granted, in the member States of that
region.
 Patent Requirement

➢ The chief requirement for the grant of a patent are follows.

1. Novelty

2. Inventiveness

3. Industrial Application and Usefulness

4. Patentability

5. Discloser
➢ Novelty - The invention must be new and should not be already known to the
public.

➢ Inventiveness- The invention should not be obvious to a person skilled in the art
and should represent an innovation.

➢ Industrial Application and Usefulness - The subject matter of the patent must
have an industrial application, either immediate or in the future that is useful to the
society/nation.
➢ Patentability - The subject matter of a patent must be patentable under the
existing law and its current interpretation. For example, The Indian patent act of
1970 did not allow product patents in pharmaceutical foods and agro chemicals.
But this act has now been amended as Indian patent act 1999 and the new act
allows product patents except for some specified medicine drugs.

➢ Disclosure - The inventor is required to describe his invention in sufficient detail

so that a person of normal skill is able to reproduce it.
 Types of Patent

1. Utility patents - Utility patents may be granted to anyone who invents or

discovers any new and useful process, machine, article of manufacture, or
composition of matter, or any new and useful improvement thereof.

2. Design patents - Design patents may be granted to anyone who Invents a new,
original, and ornamental design for an article of manufacture.

3. Plant patents - Plant patents may be granted to anyone who invents or discovers
and asexually reproduces any distinct and new variety of plant.
 Patent are Granted for

1. An invention (including a product),

2. Innovation/improvement in an invention,
3. Process/product of an invention,
4. A concept.
 Invention Not Patentable

➢ Just a theory or based on known theory.

➢ Based on traditional knowledge
➢ Arrangement or rearrangement in a known way
➢ Related to atomic energy
➢ Contrary to natural laws
➢ A method for –
• Human health related
• Agriculture
• Horticulture
 A Famous Example of Patent

➢ A patent entitled BASMATI RICE line and grain for a novel, high yielding,
medium dwarf, photo insensitive rice having all the desirable features of basmati
rice was awarded to RiceTech Texas (USA) in USA on September 2, 1997.

➢ These claims were challenged by India and the request for re-examination of the
patent was filed on April 28, 2000.
 What Rights does a Patent Owner have?

➢ A patent owner has the right to decide who may or may not use the patented
invention for the period in which the invention is protected.
➢ The patent owner may give permission to, or license, other parties to use the
invention on mutually agreed terms.
➢ The owner may also sell the right to the invention to someone else, who will then
become the new owner of the patent.
➢ Once a patent expires, the protection ends, and an invention enters the public
domain, that is, the owner no longer holds exclusive rights to the invention, which
becomes available to commercial exploitation by others.
 Limitations of a Patent

There are 2 basic limitations of patent-

➢ Limitation of Time - A patent is valid for a specific period i.e., 15-20 years.

➢ Limitation of Space - A patent is valid only in the country of its award and not
in other countries.
How is a Patent Granted?
 Journey of Indian Patent System

1856 Protection of invention

1911 Indian patents & designs act
1972 Patents act (act 39 of 1970)
-Only process patents | 14 years, 5 years (food/drug)
1975 India joins WIPO
1999 India signs TRIPS (after joining WTO)
1999, 2002, 2004, Amendments
2005 -Product patents | 20 years patent period
 The Indian Patent Act, 1970

➢ The Indian legislation which controls the patents system.

➢ In India the grant of patents is governed by the patent act 1970 and rules 1972
which is operative in the whole of India.

Chapters 23
Indian Patent
Act, 1970
Sections 162
 Treaties and Foreign Patents

➢ The rights granted by a U.S. patent extend only in the United States and have no
effect in a foreign country.
➢ Paris Convention for the Protection of Industrial Property adhered to by 168
countries.
➢ The World Intellectual Property Organization (WIPO).
❖ WIPO

➢ World Intellectual Property Organization.

➢ WIPO is an agency of the United Nations.
➢ Established 1967
➢ Headquarters Geneva

❖ Functions
Goal-developing a balanced and accessible international intellectual property (IP)
system, which rewards creativity, stimulates innovation and contributes to
economic development while safeguarding the public interest.
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