TYPES OF PATENT :
● PROCESS PATENT
● PRODUCT PATENT
PROCESS PATENT :
The patent is granted for a particular manufacturing process, and not for the product itself.
Issues with Process Patent :
- Any other person can produce the same product by minor tinkering with the PROCESS.
- Process patent regime gives less protection for the inventor.
- The benefit of process Patent Regime is that it reduces the element of monopoly.
PRODUCT PATENT :
- In the product patent regime, it is an exclusive right given to the original inventor of a product.
- This means that no other manufacturer can provide the same product even by using any of the process.
- India’s 1970 Patent Act allowed only Process Patent while Indian Patents (Amendment) Act, 2005 complied with WTO’s TRIPs provisions provides for Product Patents.
- TRIPs follow the Product Patent Regime.
- The term of protection of an Indian patent is 20 years from the date of filing of the application.
COMPULSORY LICENSE (CL):
- Compulsory License (CL) provides for third party to make, use, or sell a patented invention without the patent owner's consent .
- Compulsory License (CL) is issued by the government to an applicant for making, using and selling a patented product .
- Section 84 and 92 of the Indian Patent Act,1970 pertains to the grant of Compulsory License.
Compulsory licenses are granted if:
●
Reasonable requirements of the public wrt the patented
invention have not been satisfied;
●
Patented invention is unavailable to the public at
affordable price.
●
Patented invention is not used in India.
INDIAN PATENT ACT AND COMPULSORY LICENSING :
Section 84 and Section 92 of the Indian Patent Act,1970 pertains to the grant of compulsory licenses.
Section 84 of the (Indian) Patent Act,1970:
It provides that after three years
from the date of the grant of a patent, any person can apply for the compulsory
license, on certain grounds:
- Reasonable requirements of the public wrt the patented invention have not been satisfied;
- Patented invention is unavailable to the public at affordable price.
- Patented invention is not used in India.
Compulsory license can only be granted after three years from the date of the grant of patent unless exceptional circumstance .
Section 92 of the 1970 Indian Patents Act:
- Central Government has the power to allow Compulsory Licenses to be issued at any time in case of a national emergency or circumstances of extreme urge.
