Section 2(m) of the Indian Patent Act, 1970 define Patent as means a patent for any invention granted under this Act
It is an authority or license given by the Government conferring a right or title of monopoly to the inventor for a set period of time, with an exclusive right to exclude others from making, using, or selling, importing the patented product or process for producing that product for those purposes without his consent
Who is a Patentee?
The Patent Act, 1970 defines patentee as the person for the time being entered on the register as the grantee or proprietor of the patent.
What are Patentable inventions?
For an invention to be patentable it should be an invention meaning a new product or process involving an inventive step and capable of industrial application. However, it must not fall under non- patentable inventions under Section 3 and 4 of The Indian Patent Act,1970.
The following are the criteria an invention should meet to be able to be patented –
- It should be novel.
- It should have an inventive step or must be an non-obvious invention
- It should be capable of Industrial application.
- It should not fall under section 3 and 4 of the Patents Act 1970.
Are all inventions Patentable?
The following are the inventions which cannot be patented. This is widely covered within the provision of Section 3 and 4 of The Indian Patent Act,1970.
- an invention which is frivolous or which claims anything obviously contrary to well established natural laws.
- an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment
- the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature
- the mere discovery of a new form of a known substance which does not result in the enhancement or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant
- a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
- the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way
- a method of agriculture or horticulture
- any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
- plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals
- a mathematical or business method or a computer programme per se or algorithms
- a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
- a mere scheme or rule or method of performing mental act or method of playing game;
- a presentation of information;
- topography of integrated circuits;
- an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.
- Inventions relating to atomic energy not patentable
What are the Rights of a Patentee?
A Patentee has been bestowed with the following rights:-
(a) Where the patent is for a product: The Patentee has the monopoly right to prevent third parties, from act of making, using, offering for sale, selling or importing for those purposes that product in India without his consent;
(b) Where the subject matter of patent is a process: The Patentee is bestowed the monopoly rights over his patent to prevent third parties from act of using, offering for sale, selling or importing for those purposes the product directly obtained from that process, in India without his consent.
Nevertheless, that product should not be such that no patent can be granted for that product in India
What are the obligations of a Patentee?
Along with the rights the Patentee also has some duties to follow, such as:
- The Patentee should not unfairly use his monopoly right to prejudice the interest of the Public.
- The Patentee has the duty to pay the renewal fee of the Patent on time, failing to which the Patent can be ceased
- The Patentee should encourage and secure working of invention to fullest extent without undue delay.
- The Patentee should furnish periodical statements to Controller, as to which extend the invention has worked, failure to which is a punishable offence
What is the term of a Patent protection?
The term of a patent in India is 20 years from the date of filing of patent application. However, in case of applications filed under PCT( Patent Cooperation Treaty) the term of 20 years begins from the International filing date.
How does the Patentee pay the Renewal fee?
For first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. The patentee can either pay the renewal fees every year or he can pay it in lump sum as well.
What is the situation after the expiry of any patent?
The invention goes to the public domain; the general public gains the right over the invention for making, using, altering or selling the invention.