INVENTING THE FUTURE : A GUIDE TO PATENTS AND THE ROLE THEY PLAY IN INNOVATION

 

A patent is a form of intellectual property that gives the person or company that holds it the right to exclude others from making, using, selling and importing an invention for a limited period of time usually 20 years, from the date of application. There are three main types of patents .

1. Utility patent ; which cover new and useful inventions or discoveries .
2. Design patents : Which cover new, original , and ornamental designs for an article of manufacture.
3. Plant patents ; Which cover asexually reproduced new varieties of plants..

To obtain patent an inventor must file a patent application with the appropriate government agency, usually the patent office in their country of residence or the country where they plan to market the invention. The process of obtaining a patent can be complex and time consuming , and it may involve conducting a search to determine if the invention is novel and non obvious , and negotiating with the patent office to determine the scope of claims . Once a patent is granted , the patent holder may be entitle to damages from anyone who infringes on their rights by making, using, selling, or importing the patented invention without permission.

INDIA AND PAYTENTS

In India ,the patent system is governed by patents act 1970, and the patents rules 2003.The Indian patent Office , a department of the ministry of commerce and industry , is responsible for granting patents and for enforcing patent rights in India.

To be eligible for a patent in India an invention must be new, involve an inventive step, and be capable of industrial application. Inventions that are merely discoveries , scientific theories or mathematical methods are not eligible for patent protection. In addition , certain types of inventions that are contrary to natural laws or morality, or that would be harmful to the public..

In addition to the patents act , there are also a number of other laws and regulations that relate to patents in India, including the trade marks act 1999 , which governs the registration and protection of trade marks and the designs act 2000 which governs the registration and protection of industrial designs.

INTERNATIONAL CONVENTIONS

There are several international conventions that relate to the patents and the protection of intellectual property rights. These conventions establish standards for the protection of intellectual property and facilitate the recognition of patent rights in different countries.

1. The Paris convention for the protection of industrial property : This convention , which was adopted in 1883, provides a framework for the protection of industrial property , including patents, trade marks , and industrial designs . It establishes principles for the recognition of intellectual property rights and provides for the right of priority , which allows an applicant who has filed a patent application in one country to file a corresponding application in another country with in a certain period of time and claim the same priority date.
2. The patent cooperation treaty ; This treaty which was adopted in 1970 , provides a streamlined process for filing and obtaining patents in multiple countries .
3. The TRIPS agreement ; The agreement on trade related aspect of intellectual property.