While intellectual property law has evolved over centuries, it was not until the 19th century that the term intellectual property began to use, and not until the late 20th century that it became commonplace in the majority of the world. Since there are various Intellectual Property Types and Intellectual Property Rights. This article gives a detail information of Intellectual Property Patent with the help of The Patent Act, 1970.
Intellectual Property Patent of India
“patent” means a patent for any invention granted under The Patent Act, 1970. Patent is a form of protection that provides a person or legal entity with exclusive rights for making, using or selling a concept or invention and excludes others from doing the same, also for claiming damages from those who infringe the invention.
Patents generally cover innovations, products or processes that include new functional or technical aspects. However it is granted by the Indian Patent Office and has a term of 20 years. After expiration of this 20 year monopoly the product/ invention will fall in the public domain for any third party to use it.
The legislations which deal with the protection and registration of patents in India are The Patent Act, 1970 and The Patent Rules 2003. The patent Act 1970 has undergone three (3) amendments in 1999, 2002 and 2005. In the 2005 amendment introduced product patent protection for food, pharma and chemical inventions.
In India an invention/product has to satisfy various criteria to qualify for a Intellectual Property Patent are:
New/ Novel- The invention has a feature that sets it apart from previous inventions and is unknown to the public.
Non-obviousness- The invention’s novelty must not be obvious to someone who has ordinary skill in the area of invention.
Utility- The invention considered useful.
Like other IP laws patent protection is territorial in nature. Registration of a patent ensures protection in all over India. If somebody wants to protect their invention in another country they have to file application in each and every country where the Applicant wants patent protection for their product/invention.
Rights under Intellectual Property Patent
The subject thus covered by the Patents Act, 1970. India recognises product patent protection for a period of 14 years. However, in three areas: food, chemicals and pharmaceuticals, it recognises only a process patent for a period of 7 years. With the signing of the GATT Agreement, the Patents Act, 1970 has amended by the Patents (Amendment) Act, 1999 to bring it in line with the Trade TRIPS Agreement. The amended law would allow the filing of all product patents with a regulatory authority. It also contains provision for granting Exclusive Marketing Rights (EMRs) for five years or till the patent then granted or rejected whichever earlier.
The Patents (Second Amendment) Act 2002 recently passed by the Parliament provides protection for new micro organisms and proposes a uniform 20 year term from filing date for all patents granted after commencement of the Act. It also provides for publication of all patent applications within 18 months of filing or priority date, whichever is earlier.
The subject-matter of a patent-right is an invention. He whose skill/labour produces the idea of new process, instrument/ manufacture has that idea as his own in law. He alone hence entitled to use it and to draw from it the profit inherent in it.
- Right of the inventor for patent is his invention.
- Rights of plant breeders and farmers.
- Rights of biological diversity.