Step 6 C:- Patent


What is Patent?

A patent is a monopoly right conferred by the patent office on an inventor to exploit his invention for a limited period of time. It is generally provided for 20 years from the date of filing of the patent application. Once the period ends the protection ends and the invention enters into the public domain available for commercial exploitation by others. During this period, the inventor is entitled to exclude anyone else from commercially using his invention. The exclusive rights of the inventor can be exercised by a person other than the inventor with the latter’s previous authorization. The person to whom a patent is granted is known as the patent. In India, it is governed under The Indian Patent Act, 1970.

A process of obtaining a Patent:-

  • Submission of application
  • Publication and examination of the application
  • Opposition to grant of a patent
  • Granting of Patent

Is it mandatory to get a patent?

No, it is not mandatory for an inventor to apply for a patent for his invention. He may prefer to keep his invention a secret. However, it is not advisable because when he uses without applying for patent and use his invention by keeping it secret, he runs the risk of his invention being disclosed to his competitors by way of reverse engineering or by communication of information by someone who possesses such information which may be your business partner, any employee or investor of your company.

The worst point in such a situation is that you may stand to lose your invention if your competitor steals it and apply for a patent first. You might be surprised to read it however read the next paragraph which deals with it.

Concurrent Patents:-

No, two persons who made an invention by their independent efforts, get independent patents for the same invention. The patent shall be granted to the first inventor. The protection shall be denied to the inventors, who made his invention at a later stage, even though he was not aware of the first invention and had no opportunity to know about the first invention.

Rights of a Patentee:-

  • Exploitation (Commercial or Non Commercial use) of the patent
  • Licensing the patent to another
  • Assigning a patent to another
  • Surrendering the patent
  • Suing for infringement of a patent

Conditions of Patentability:-

  • A new product or process:– It means that the 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. Hence, the invention should be a new product or process involving an inventive step and should be capable of industrial application.
  • Non Obviousness:– The invention must be non-obvious to a person skilled in the art to which the invention relates.
  • Useful and capable of industrial application:– The invention must be of beneficial use to mankind. An invention will not be patentable if it is new and non-obvious but is not useful.

Who can get a Patent registered?

  • Inventor of a product:– If a person has invented a product which adheres to the guidelines of the patent law can get a patent registered.
  • Computer Programmer:– These programmes can be patented only if it is along with the hardware.
  • Biotechnological Inventions:– Microorganisms are patentable.