Patents | Karni Trade Marks

BACKGROUND

TO

PATENT LAW

IN

INDIA

Patent Law

The present Patents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. The Patents Act, 1970 was again amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and micro organisms.

What is

a

Patent?

The word “Patent” denotes a monopoly right in respect of a new and useful invention. A patent gives a patentee an exclusive right over an invention for a fixed period of time. These rights are territorial in nature and are given by the government in exchange of disclosure of your invention. Novelty, Non-obviousness and Industrial Applicability are three criteria for patentability in India. The term of patent is 20 years from the date of filing of Indian application

Benefits of Patent Registration

If the grant of the patent is for a product, then the patentee has a right to prevent others from making, using, offering for sale, selling or importing the patented product in India. If the patent is for a process, then the patentee has the right to prevent others from using the process and using, selling or importing the product in India directly obtained by the process.

What does not constitute as a Patent?

An invention which is frivolous, obvious, contrary to well established natural laws or morality, injurious to public health cannot be registered. A mere discovery of a scientific principle, the formulation of an abstract theory, a mere discovery of any new property or new use for a known substance or process, machine or apparatus cannot be patented. A method of agriculture or horticulture and inventions relating to atomic energy, are not patentable in India.