WHAT IS PATENT :
A patent is a type of intellectual property right that provides protection over any novel invention and also, gives the exclusive right to sell, use, create and/or manufacture the patented product for a specified period of time.
Exclusive right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder.
PATENT REGIME IN INDIA:
The law relating to patents in India is governed by Indian Patents Act, 1970 as amended by Patents (Amendment) Act, 1999 and Patents (Amendment) Act, 2002,which came into force with effect from May 2, 2003 and The Patents (Amendment ) Act 2005.
The TRIPS compatible Indian Patents (Amendment) Act, 2005 addressed few important issues regarding patents:
- Adopting the definition of ‘pharmaceutical substance’;
- Exclusion of ‘mere discovery of new form of known substance’ and the ‘new use for a known substance’; and Manufacturing products which may be granted patent protection in the new regime.
CONDITION FOR PATENTING:
An invention must satisfy the following three conditions of:
● Novelty
● Inventiveness (non obviousness)
● Usefulness
Novelty:
A novel invention is one, which has not been disclosed, in global state before filing of patent.
INVENTIVENESS (NON-OBVIOUSNESS):
A feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art“.
An invention must possess utility for the grant of patent. The patent specification should have various uses and manner of practicing them.
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