PATENT LAW: Introduction

Patent is granted for inventions under the legislation. The first patent act was enacted in 1856 granting patents for a period of 14 years to inventors. The Act was amended in 1859, 1872, 1883, and 1888. The same Act was passed as the Patents and Designs Act in 1911. This Act of 1911 was amended several times between the years 1911 to 1970.

Patentable Inventions

Invention means a new product or process involving an inventive step and capable of industrial application [Section 2 (j)]. Inventive Step means a feature that makes the invention not obvious to a person skilled in the art [Section 2 (ja)]. Capable of industrial application in relation to an invention is capable of being made or used in an industry [Section 2 (ac)].

Salient Features of Patent

Must be in respect of invention and not discovery. For a single invention there must be a single patent. May be in respect of a matter/ material or in respect of a process. Not possible to separate a patent with respect to the above. To have a complete patent, specifications and claims must be clearly and distinctly mentioned. It is the claims and claims alone which constitute the patent.

General Principles Applicable to Working of Patented Inventions

That patents are granted to encourage inventions and to secure that the same are worked to fullest extent in India on a commercial scale without delay. That they are not granted merely to enable patentees to enjoy monopoly. That the protection and enforcement of patent rights contribute to the promotion of technological innovation, to the mutual advantage of producers and users of technological knowledge, conducive to social and economic welfare, and balancing of rights and obligations.

True & First Inventor

A Patentee is a true and first inventor. This patentee is a person who first made the invention and applied for the patent. If two persons have independently made the same invention and neither has used or disclosed it to the world, the one who applies first for the patent will be considered by law as the true and first inventor.

Who can apply for a Patent?

By any person claiming to be true and is the first inventor. By any person being the assignee of the person claiming to be the true and first inventor. By the legal representative of any deceased person who immediately before his death was entitled to make such an application.

Where to apply?

Application should be filed at appropriate office of the Patent Office. Appropriate office refers to the Head office of the Patent office or the branch office. The residence or principal place of business shall determine the place for making application to the appropriate office of the Patent Office. For example, registered office of the company is accepted as the principal place of business of the company for the purpose of filing application.

How to Apply?

Every application shall be for one invention only and shall be made in the form prescribed in 2nd Schedule to the Rules, 1972 and filed in the patent office with the fees prescribed in 1st Schedule to the Rules. Every application shall state that the applicant is in possession of the invention and shall name the owner claiming to be true and first inventor.

Copyright

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Copyright law generally gives the owner of a copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

Trade Mark

Generally it is a word, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.