Legal Guide

Patent Law In India- Everything You Need to Know

by Bhavya Choudhary · 4 min read

Patent Law

Introduction

  • The Patent Law gives an exclusive right given by the Government to the creator to prevent others from using, producing, and selling the invention for a set amount of time. Additionally, patent law is allowed for enhancements to their prior invention. 
  • By giving inventors exclusive rights over their innovations, the major goal of patent law is to motivate them to make greater contributions to their fields. 
  • Modern terminology often refers to the patent law as the right given to an inventor for his invention of any novel, practical, non-obvious procedure, the machine, manufactured goods, or material composition. 
  • The Latin word “patere,” which means “to lay open” or “to make available for public examination,” is where the word “Patent Law” first appeared.

Any innovation must pass three requirements to be patentable under Patent Law:

  • First and foremost, the innovation must be original, which implies that it cannot already be in use.
  • Second, the invention must not be apparent, which means that it must significantly improve on the prior invention; a simple shift in technique will not grant the inventor the right to a patent.
  • Thirdly, innovation must be beneficial in a bona fide way, which requires that it not only be employed in lawful activities but also benefit society as a whole.

These are the requirements under the Patent Law. 

What is patentable under Patent Law?

The exclusions on what can be patented in India were explicitly stated in Sections 3 and 4 of the Patents Act, 1970. To secure a patent in India, several requirements must be met under the Patent Law. The requirements are as follows:

  1. Inventive topic:
  • Identifying whether the invention corresponds to a patent subject matter is the most crucial factor. The Patent Law lists non-patentable subject matter in Sections 3 and 4. The invention is a topic for a patent unless it falls under one of the provisions of Sections 3 or 4 of the Patent Law. 
  • Innovation is a crucial factor in assessing an invention’s possibility for patent protection. Innovation or new invention has not been “published in any document before the date of filing of a patent application, wherever in the nation or the globe,” as stated in Section 2(l) of the Patent Law.
  • To put it plainly, the novelty criterion essentially implies that an invention should never have been made public. It must be the most recent, with no identical or comparable past works under the Patent Law.
  1. Inventive steps or non-clarity:
  • Section 2(JA) of the Patent Law defines an inventive step, which is defined as “the characteristic of an invention that involves technological advancement or is of economic importance or both, as compared to existing knowledge, and invention not obvious to a person skilled in the art, states that it must also be “clear to a person having ordinary skill in the art.” 
  • This means that the innovation must not be evident to a person having ordinary ability in the relevant field. It shouldn’t be original and evident to someone with similar expertise.
  1. Capable of industrial application
  • Industrial applicability is described as “the invention is capable of being manufactured or employed in an industry” under Section 2(ac) of the Patent Law. 
  • In essence, this indicates that the invention cannot exist in an idealized state. It must have universal applicability, which implies that it has practical value in terms of patents.
  • These requirements for patenting an invention are set down by law. The publication of a competent patent is another crucial need for acquiring a patent. 
  • A competent patent disclosure entails that the invention must be sufficiently disclosed in a patent draft as per Patent Law specifications for a person with the requisite expertise to implement the invention without excessive difficulty.

Rights of Patentee under Patent Law

  • Exclusive Right: Patentee has the exclusive right to use, exercise, sell, and distribute the patented product in India or, if the patent is for a person, to use or exercise the technique or process under the Patent Law.
  • Right to give licenses: The Patentee has the authority to grant licenses, transfer rights, or make other arrangements in exchange for money.
  • Right to surrender: Patentees have the right to surrender their patents, but before doing so, notification of the surrender must be provided to anybody listed as having an interest in the patent in the register, with any objections taken into account with the help of a business lawyer.
  • Right to file a lawsuit for patent infringement: The Patentee has the right to file a lawsuit for patent infringement in a district court with jurisdiction to hear the case with the legal advice of a business lawyer. 

Patentee’s obligations under the Patent Law

  • Patents used by the Government: It should be noted that the Government may employ or even purchase a patented innovation for its exclusive use and that it may also restrict or forbid the use of the patent in certain situations.
  • Forced licenses: The Controller may give compulsory licenses to any applicant to work the patent if it is not worked satisfactorily to fulfill the reasonable requirements of the public at a reasonable price.
  • Patent revocation: A patent may be revoked if there has been no work done or if the public’s demand for the patented innovation has not been met.
  • Patents for inventions used for defense may be subject to confidentiality requirements, such as restrictions on or outright prohibitions on the invention’s dissemination at the Controller’s discretion.
  • Patents that have been restored: If a patent has expired, it may be done so as long as the Patentee’s rights are not severely restricted. The patent does not have the right to pursue infringement claims where the infringement occurred between the dates of the infringement and the announcement of the reinstatement application.

Conclusion 

The key characteristics of an invention, as defined by the Patent Law, were novelty, utility, and method of manufacturing. Utility patents, design patents, and plant patents are the three different sorts of patents. Utility patents safeguard the composition, machine, or process functionality. One must take legal advice to get the patent registered. 

Theft of Intellectual Property rights is very common in today’s time. Therefore, it is recommended to get your patent registered as soon as possible with the help of a professional legal expert.

Bhavya Choudhary

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Bhavya Choudhary

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