There are several things that make humans different from other living organisms. The main difference is that the humans have been bestowed with imagination and creativity. Humans have long been the rulers of creation. With his imagination and creativity, he has been producing and developing various things and products of his need. In the earlier era, these inventions and creations fell in public domain and anyone could use and copy the same without any restriction. This practice discouraged the creators as no protection was provided to them in respect to such creation. Thus, the need was felt to restrict the use of the inventions by the creators so that their creation could be protected. The concept of Intellectual Property Rights came in light which provides for the assignment of rights through patent, copyright and trademarks.
Meaning and Definition of Patent: A patent is a right granted to the inventor to stop other people to use his invention without his permission. If any person makes the use of that invention without being allowed, the inventor can sue that person for the contravention of patent.
A patent is granted by the government to any invention provided it must fulfil the following the following conditions:
- Novelty: The invention has to be new and should not be a part of prior state of work. Patent is granted to new inventions and to anything done to the existing work.
- Inventiveness: Inventiveness means the quality of being inventive. It means that invention should involve the advancement of existing knowledge or work that is strikingly evident to any person.
Utility: The invention should be useful for the industry. It must be applied to or useful in the industrial process.
NOTE: No patent shall be granted in respect of an invention relating to atomic energy falling within section 20(1) of Atomic Energy Act, 1962.
Patent Registration: Patent registration is required for many reasons. Among them the one and the most important reason is that it provides the inventor a legal right over the product or process which is invented by him.
Persons entitled to apply for Patent Registration:
An application for patent may be made by the following persons-
- Person claiming to be the true and first inventor of the invention.
Any person being the assignee of the person claiming to be the true and first owner of the invention.
Legal representative of any deceased person who immediately before his death was entitled to make such application.
Documents required for registration:
Following documents are required to be filed along with patent application form-
- Identity proof and address proof of the applicant.
Identity proof and address proof of the inventor.
Complete specifications which shall describe the invention indicating the subject matter to which the invention relates.
Description, claims, abstract and drawings, if any.
Process of Patent Registration:
Following steps should be followed to get the patent registered-
- First of all file the provisional patent application and submit it to the patent officer.
An application number is immediately generated on filing of provisional application.
File complete patent application within 12 months of the validity of provisional patent.
File the supporting documents along with the complete patent application which are mentioned above.
After filing the application with complete specifications, the application is published after 18 months of first filing.
An examination of application is carried out when the request for the same is made by the applicant or other interested person.
The examiner checks for patent eligibility on the basis of novelty, inventiveness and utility.
The examiner creates a report called Patent Prosecution and submits the same to the controller.
The controller checks the report and raise objections, if any.
The applicant, then, has to resolve the objections and has to prove his novelty.
Once the objections are resolved, the patent is granted to the applican
- It takes 18 months to five years for patent registration.
- Patent is valid for 20 years from the date of filing of patent application
Cases where Patent Application can be rejected:
There are many reasons due to which the Patent Officer can reject the patent application. Few of those are listed below-
- When the examiner is of the view that the claim lacks novelty, he can reject the patent application. It means that the application can be rejected if the invention fails to bring anything new to the industry.
When the claim is too obvious, the examiner will reject the application. It means that
if the examiner combines two or more already existing patents and it results in the claimed invention then the application will be rejected.
When the applicant fails to write the claims correctly in the application then also the examiner will reject the patent application. If the claims are not written in a proper dependent form, the application will get rejected.