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OVERVIEW




The patent relates to an invention in intellectual property right that is granted to an inventor by the concerned government office for a novel invention for the society. In the general sense, invention means the development of a product or a process that can solve the problem at large. It is a kind of right granted to the inventor of a product who discovers a useful process, product, machine, or any composition, etc. for the benefit at large.


TYPES OF PATENT:




a) Ordinary or Non-provisional Application

b) Convention Application

c) PCT National Phase Application


Criteria to be fulfilled for patentability of invention:

1. Usefulness: The inventor’s invention must have industrial applicability at large scale.

2. Novelty: The inventor’s invention must be new technology in that field. That technology has not been published earlier before the date of filing of that patent.

3. Non obviousness: The inventor’s invention should not be any ordinary or any ordinary skilled person is obvious about, it cannot be patented. So,inventor’s invention must not be obvious for patentability.


WHAT CAN’T BE PATENTED UNDER SECTION 3 OF THE PATENT ACT?

• Frivolous invention can’t be patented.

• Invention that is against the natural law.

• Inventions that are not good for public order or morality can’t be patented.

• Mere discovery of any living thing or discovery of any kind of nonliving substances; formulation of any abstract theory; or discovery of any scientific principle is not going to be patented.

• Any kind of chemical obtained by general mixture of two components that resulted in the aggregation of a substance.

• Any atomic energy invention or any invention relating to security of India can’t be patented.


ADVANTAGES OF GETTING PATENT:


1. Exclusive access to every right from the time of early filing

From the first step only inventor gets the benefits of patent. Inventors or the applicant gets the security and surety for their patent at first step only that no other person or company could claim the ideas similar to his invention. In case if someone else applies for the same patent then his request will get rejected, in India it is 12 months.

2. Freedom to make changes

Freedom to make changes on patent law entitles the owner to use his ideas in any way for a particular permitted period. Here the inventor or the owner owns full freedom to utilize, sell, or even modify the original invention from his ideas. And even he can prevent others from making profits from the same ideas without his consent on his invention. In case the inventor got the patent on invention and is being used by anyone, then he gets the ability to sue the user to whom he finds infringing his patent rights. Infringement leads to criminal offense.

3. Return on Investment

In case where the owner thinks that his invention is not bringing good outcomes for him and he wants to give his invention to any other person who can make good use of it. So the patent rights allow him to earn a good amount of Return on Investment.

4. Opportunities for good market reputation

Patent rights gives the owner right to get a market status by showing his invention publicly. With this he gets good benefits in building up a good relationship with consumers and competitors.

5. Public disclosure

Here public disclosure means that the patent rights allow to owner gives public disclosure rights also. This right helps the inventor in increasing the funds, market value, and business partners with other company. Sharing of inventions information publically will demonstrate the inventors’ specialization and good command over the technical subject-matter. Owner is mainly benefit by these facts. It attracts leading and high-end investors, shareholders, business partners, and consumers.


NECESSARY PATENT REQUIREMENTS:


a) Name of patent applicant’s, address, specifications, and nationality are required.

b) Provisional description, statements, abstract, sketches and complete specifications.


STEPS FOR FILLING THE PATENT:


Step 1: Filing of Patent Application

In India there are four patent offices, which are at Chennai, Mumbai, New Delhi and Kolkata. The applicant has to file a prior patent application in the patent office. An appropriate patent form is to be submitted with all relevant information concerned with the invention.It is advised to the applicant to file provisional specification of the invention to get the priority. Then after within the period of 12 months the applicant have to file the complete specification to the patent office.

Step 2: Publication of Application

As the patent application is submitted it is published in the office journal after the expiry of particular period of 18 months. But in case of early publication then the applicant can also put up request for it by paying additional fee.

Step 3: Opposition of Patent

In case of pre grant patent opposition may be filed within three months of patent publication, these kind of opposition representation is entertained by controller of patent office. There are also some provisions for post grant patent opposition.

Step 4: Request for Examination

For request for patent examination the applicant has to apply separately within 48 months of filing with prescribed fees.

Step 5: Clarification of Raised Objections

The patent examiner check and clarify all aspect of patentability.In case of objections in examination report then in that case the applicant has to clarify the objections within one year from the issue of clarification.

Step 6: Grant of Patent

As the objections that was raised are clarified then after can the patent is granted to applicant by Controller. According to the Patent Amendment Act 2002, the applicant has to pay renewal fee time to time to keep patent in force. After the patent the rights of patent are granted for 20 years. As this 20 years passes patent expires and the invention enters in to public domain. Anybody can use that knowledge for general use.


CONCLUSION



A patent is a right that provides great value and increases returns to the inventors and companies who made the investment in developing new technology. It is part of intellectual property rights. Patent infringement without the consent of the owner is a criminal offense. Several remedies are provided to the owner of the patent in case of any infringement. Patent protection is a right that is given to all the owners, it protects the owner's work and gives recognition in the market.