PATENT

HISTORY :

The later part of the nineteenth century saw an increase in inventions in the field of art, process, method of manufacture, machinery, apparatuses and other substances by manufacturers who became very much interested that the inventions done by them should not be infringed by anyone else by copying them or by adopting the methods used by them.

In order to save the inventors the then British rulers enacted the Indian Patents and Design Act, 1911 . Since then due to substantial changes in the political and economic conditions of the Country , it was found desirable to enact a comprehensive law on the subject which would protect interests of both the inventor as well as consumer.

The Patents Act, 1970

The Patent Act, 1970 was therefore passed to amend and consolidate the existing law relating to patents. The Act extends to the whole of India. 

What is a Patent?

The term patent usually refers to a right 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.

 In general the term of a new Patent is 20 years. From the date of filing.

INVENTION

The term invention according to the Patent Act has been defined as “a new product or process involving inventive step and capable of industrial application” where “inventive step” means a feature that makes the invention not obvious to person skilled in the art.

Inventions Not Patentable :

     I.        An invention which claims anything obviously contrary to well established natural laws.

   II.        The mere discovery of a scientific principle or the formulation of an abstract theory.

  III.        The mere discovery of any new property or new use of a known substance.

 IV.        A substance obtained by admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.

  V.        A method of agriculture or horticulture.

Types of Patents :

     I.        An ordinary patent.

   II.        A  patent or addition for improvement in or modification of an invention for which a patent has already been applied for or granted.

  III.        A patent granted in respect of a convention application filled under section 135 of the Act.

A product patent for a medicine or drug as provided by the Patents(Amendment)Act, 1999

Procedure for getting a Patent

•      An application for an ordinary patent including for a product may be made by the person claiming to be the first or true inventor , his legal representative , or his assignee , either alone or jointly with any other person.

•      An application for the patent of addition may be made only by the applicant for original patent to which it is an addition, if the application for original patent is pending , or by the registered proprietor of such original patent if the patent has already been granted.

•      A convention application may be made by any person who has made the application for patent in respect of that invention in convention country , or by this assignee or his legal representative.

•      Every application for a patent should be for one invention only and should be made in the prescribed form and filled in the Patent office (Head office of Calcutta and Branch Offices at Chennai , Mumbai and Delhi ).

•      If the application is made by virtue of an assingnment, then the proof of the right to make an application should be furnished.

•      It must be stated in the application that the applicant is in posesion of the invention and the name of the owner claiming to be the true and first inventor must also be stated.

•      Every application must be accompanied by a provisional or a complete specification .

A complete specification is a document drawn in a prescribed form and contains the following :

     i.        A  full description of the invention and its operation or use and the method of performance.

    ii.        Disclosure of the best method of performing  the invention known to the applicant and for which he is entitled to claim protection.

3. A statement of claim or claims defining the scope of the invention for which protection is sought.