Patent

Intellectual Property Rights | Patent     Intellectual Property Rights Patent is a monopoly right given by the government to an inventor for a period of twenty years. Once granted, a patent gives the inventor the right to exclude others from making, using, selling, importing or offering for a sale of the inventor's invention for the duration specified in the terms of patent. After twenty years the patent falls under public domain there after anyone can use the invention without permission from patentee. Invention can be any new article, composition of matter, machine, process or any new value addition to the above said. Intellectual Property Patents are territorial rights, which means that an invention is only protected in the countries or regions where patent protection has been obtained. In other words, if you have not been granted a patent with effect in a given country, your invention will not be protected in that country enabling anybody else to make use, import or sell your invention in that country. Patent right can be shared whenever there are more than one patentees. Patent rights can be a) Licensed or sold for a commercial consideration. b) A right to initiate legal proceedings against infringement. c) The patentee can commercially exploit its potential without fear of copying or imitation without the patentee's permission during the term of patent. Invention refers to the technical solution to a technical problem. It may be an innovative idea or may be in the form of working model or prototype. Innovation refers to the translation of the invention into a marketable product or process. Patentability Criteria defines a new product or process which involves an inventive step and capable of being made or used in an industry and should meet following criteria. Novelty means the matter disclosed in the specification is neither published in India nor anywhere else where before the date of filing of patent application in India. Inventive step means the invention is not obvious to a person skilled in the art in the light of the prior publication /Document. Industrially applicable means the invention should possess utility, so that it can be made or used in an industry. Inventions not patentable are Discoveries and scientific theories, Aesthetic creations, Schemes rules and method for performing mental acts, Mere discoveries of substances as they naturally occur in the world, Inventions that may affect public order good morals or public healthy., Diagnostic, therapeutic and surgical methods of treatment for humans or animals, Plants and animals other than micro organisms and essentially biological processes for the production of plants or animals, Other than non-biological and microbiological process and Computer programs. The Content of patent complete specification includes abstract, field of the invention, background of the invention, prior art of the invention, summary of the invention, detailed description of the drawing, and claims etc.

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