Patent Registration – ” A Legal Protection to Inventions “
An invention is a practical solution to a specific problem. It involves a technological improvement over what is previously known or prior art. Patents give legal protection to inventions, which fulfill the following requirements. The Patent is the one which allows the owner to give the rights to others in the form of mutual agreement.
- It must be new.
- Not to be previously known or should not be part of prior art.
- Should be non-obvious or must involve an incentive step. This means it must involve a degree of originality so that it is not apparent to anyone else.
- It must be industrially applicable.
- The patents traditionally were granted by governments so that the invention would be worked within its territory.
Exclusive rights for protection in a defined territory:
A patent is a legal document issued on an application by a government office. The document describes the invention and accords exclusive rights to the inventor to exploit (manufacture, use, sell, import) the invention or to authorize its exploitation. Exports may naturally take place only when an authorized manufacturer sells the patented goods. The office of the government of a country grants patent rights. It is not an authorisation to manufacture, sell or import, which rights are already vested in the population. However, the patentee gets rights to restrain others in relation to the patented article in the territory of the country of grant. In the case of an infringement, it is the patentee’s responsibility to initiate action normally under civil law.
Imports equal to working:
The patents grant does not extend beyond the boundaries of the country of the patent grant. One has to obtain rights in as many countries in which the inventor desires exclusive rights. The Paris convention, 1883 (1967 act) maintains the independence of protection of patents. The patent cooperation treaty, 1970 seeks to internationalize the phenomenon of the patents in a limited way that it enables filing of patent applications, but formalities of each country are to be compiled with.
TRIPS (Trade-Related aspects of Intellectual Property Rights):
The TRIPS recognized the principle that the patentee may manufacture anywhere in the world and if it supplies the country, it would be treated as equal to the working of the patent in the country. This norm is disliked in developing countries, but it is a step which breaks the economies away from national shackles. However, the patent grant has not been brought under international control for which efforts were being made by a section of countries.
Product and Process Patents:
A distinction is made between product and process patents. Product patent gives the patentee the rights to make, use, sell and import the product that involves the patent. A process patent grants the right to use the process that comprises the invention, as well as the right to make, use, sell and import the product made by the use of patented process.
The countries which granted only process patents had to introduce the system of product patents by 1st January, 2005. India was one of them.
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