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What is Patent, its Objectives and Advantages, March 2020.

What will you go to learn from this article about is Patent, its Objective, and its Advantages.

Official Government Website: Official website of Intellectual Property India

We will be going to know more about,

  • What is Patent & Copyright?

  • What are the objectives & Advantages of Patents?

  • Types of Patents.

  • The requirement for an invention to be Patent.

  • Documents Required.

  • How to Apply?

Definition of Patent

Patents are a right granted to an inventor that allows them to exclude all others from making, using, or selling their invention for 20 years.

In India as per the Patent Act of 1970, an application for a patent may be made by the actual inventor of the invention or an assignee of the right to make an application or a legal representative of either.

It is the person who first applies for a patent who is entitled to the grant.

A prior inventor of the invention who applies subsequently will not get the patent as against the first applicant.

A person who has merely communicated the ideas to another, who actually gave practical shape to the idea and developed the invention, cannot claim to be the first and true inventor.

A foreign national resident abroad is not prohibited from making an application and obtaining a Patent in India.

Patent Vs Copyright

  • Patent

    • A Patent is an exclusive right for an invention provided by the law for a limited time to the Patentee.

    • The Patentee is able to control the making, using, selling, or importing of the patented product or process for producing that product without his/her consent.

    • An invention relating either to a product or process that is new, involving an inventive step, and capable of industrial application can be patented in India.
  • Copyright

    • Copyright is a right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings.

    • Copyright does not protect brands or names, short word combinations, slogans, short phrases, methods, plots, or factual information.

    • Copyright also does not protect ideas or concepts.

    • Copyright is mainly used to protect the creativity of writers, artists, designers, dramatists, musicians, architects, and producers of sound recordings, cinematograph films, and computer software.

Objective of Patent

The core objective of patent law is to promote the progress of science and useful arts. It can be listed as:
  • To encourage an inventor:

    • If a person puts efforts and resources in an invention something can be patented, he/she should have a provision that stops others from copying his works without his/her permission.

    • If it happens he/she would get motivated to research further.

  • To protect an inventors interest:

    • By protecting inventions the law also protects the goodwill and financial gains of the inventor. For e.g., if Patents are not provided anyone can copy the formula of drugs and can sell it at cheaper rates. This will affect the goodwill of the inventor in case the drug does not work, and the inventor will also lose his market that will result in financial loss.

  • Encourage Research and Development:

    • If an inventor gets recognization for his work and at the same time his work is protected also, he may get motivated for further research. This will also motivate others to go into the field of research. All this will finally result in the technical and financial growth of society.

  • To ensure Fai Trade Practices:

    • By providing protection and monopoly rights the law indirectly stimulates fair trade practices. If a businessman knows that he will be facing legal action for copying others' process/product, he may not try to do so. This will help in controlling unfair competition.

Advantages of Patent

  • A patent gives you the right to stop others from copying, manufacturing, selling, or importing your invention without your permission.

  • You get protection for a pre-determined period, allowing you to keep competitors at bay.

  • You can then use your invention yourself.

  • Alternatively, you can license your patent for others to use it or you can sell it. This can provide an important source of revenue for your business. Indeed, some businesses exist solely to collect the royalties from a patent they have licensed - perhaps in combination with a registered design and trademark.

Patent Types

There are three major types of it.
  • Design Patents - anyone who creates a new design for a product can apply for a design patent. Examples include beverage bottles (think to the shape of the Coca-Cola container) or furniture (such as kneeling chair).

  • Plant Patents - botanists involved in grafting and creating new hybrid plant forms can apply for a plant patent. Examples include the smooth angel rose or drought-tolerant corn.

  • Utility Patents - anyone who invents or discovers "any new and useful process, the machine, article of manufacture, or composition of matter, or any new and useful improvement thereof" can apply for a utility patent. Examples include the little green drink stopper Starbucks gives out with its cups or the hoverboard type of skateboard.

The requirements for an invention to be Patentable

  • Novelty: The invention must be new or novel, which means that the invention must never have been made before, carried out before, or used before.

  • Inventive Step: The invention must be non-obvious or involve and an inventive step that means it should not be obvious to the person skilled in the art.

  • Industrial Application: The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry.

  • Not publically/commercially disclosed: A patent application must be filed prior to any disclosure to the public that is it must not be known or used in public before the filing of the patent application.

  • Patentable matter: Finally, the invention must be part of the "patentable subject matter" under the applicable law.

Documents Required

  • Declaration as to inventorship

  • Statement and undertaking

  • Proof of right to make an application

  • The authorization of an agent

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