Introduction
The Department of Industrial Policy and Promotion’s Indian Patent Office is in charge of issuing patents, registering trademarks and industrial designs, and upholding IP rights in India. In India, novel, practical, and non-obvious inventions in all branches of technology—including mechanical, electrical, chemical, biotechnology, software, and business methods—are eligible for patent protection.
The Indian patent system is governed by the Indian Patent Act, 1970, and the Indian Patent Rules, 1972. – The Indian patent system allows third parties and the general public to file their objections to the grant or maintenance of a patent through a system of pre-grant opposition, post-grant opposition, and revocation of patents under Patent Act of India.
The Paris Convention, the Patent Cooperation Treaty (PCT), and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) accord are among the international treaties and agreements relating to IP rights to which India is a signatory. Additionally, the Indian Patent Office collaborates with other patent offices across the world to exchange knowledge and best practises, as well as to enhance the calibre and effectiveness of the patent examination procedure.
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How patent law was introduced Globally?
Ancient civilizations like China, Greece, and Rome gave inventors exclusive rights to their works of art, and this is where the history of patent law begins. However, the modern notion of patent law as we know it today—a formal system for giving inventors temporary exclusivity rights in exchange for disclosing their innovation to the public—began in mediaeval Europe.
The Statute of Monopolies, which gave innovators 14 years of exclusive rights, established England’s first patent legislation in 1624. However, inventors did not frequently employ this rule because it was primarily intended to safeguard the Crown’s interests.
The Industrial Revolution of the 18th century saw a considerable progress in technology as well as an increase of inventors. The Patent Law Amendment Act of 1852, which was enacted by the British government in reaction, introduced a more thorough patent system that offered stronger protection for inventors and promoted innovation.
The Patent Act of 1790, which gave innovators exclusive rights to their ideas for 14 years, established the first patent legislation in the United States. With the establishment of the Patent Office in 1836 and the passing of the Patent Act of 1952 under Patent Act of India, which established the current system of patents as we know it today, the patent system was further expanded and improved over time.
How Patent Law was Introduced in India?
The British government established a patent system in India in the 19th century as part of its efforts to encourage industrial development, which is where India’s patent law got its start. The Indian Patents and Designs Act, 1911, which was modelled after the British Patent Act of 1907, was the country’s first patent law. This law allowed for the issuance of patents for innovations in all technological sectors, but it had a number of drawbacks, including little protection for domestic businesses and no provision for compulsory licencing in Patent Act of India.
The Indian Patents Act, 1970 was passed in 1972 as Patent Act of India and it includes provisions for compulsory licencing, public health protection, and the issuance of patents for inventions in all technological sectors. The Trade Marks Act of 1999 and the Designs Act of 2000, which respectively allowed for the registration of trademarks and designs, were enacted in 1999 and 2000.
As part of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, India made significant changes to its patent laws in 2005 to provide product patent protection for pharmaceutical and agricultural chemical products. India joined the World Trade Organization (WTO) in 2001. To make the application process quicker and more effective for applicants, the Indian Patent Office introduced an E-filing system for patents, trademarks, and designs in 2016.
India launched the Innovative India Campaign in 2019 with a number of improvements to the country’s patent system, including the creation of a fast-track patent examination mechanism for startups and small businesses.
What is Patent?
A patent is a type of legal protection given to innovators for their fresh, practical, and original ideas. For a set amount of time, typically 20 years from the date of filing, the patent holder has the only right to produce, use, and sell the invention. The patent holder is required to publicly disclose the specifics of the innovation so that others might benefit from it in return for this exclusive right.
There are various types of patents, including utility patents for innovative, practical, and non-obvious methods, apparatus, manufactured goods, or compositions of matter and design patents for brand-new, ornamental designs for manufactured goods.
The process of obtaining a patent can be difficult and expensive, necessitating the help of a patent agent or attorney. To make sure the innovation is original and not obvious, a thorough investigation of already-issued patents is often required, as is the creation and submission of a proper patent application. A patent office will then review the patent application to see if it satisfies the legal criteria for a patent.
After receiving a patent, the inventor has the right to sue anyone who creates, uses, or sells the invention without their consent.
What are the Different Types of Patent as Per Indian Patents Act, 1970?
Depending on the sort of invention, there are various categories of patents available in India. The following are a few of the most typical patent types:
Ordinary Patents
Ordinary patents, the most prevalent kind, are given for novel, useful, and non-obvious methods, devices, manufactured goods, or chemical compositions.
Innovation Patents
Patents for incremental innovations are those that add something new and beneficial to an already existing product or process.
Design Patents
These are given for novel, distinctive, and ornamental designs for manufactured goods.
Plant Variety Patents
Patents on plant varieties are given for innovative, unique, homogeneous, and stable plant variations.
Semiconductor Layout-Design Patents
Patents for original integrated circuit layout designs are issued for semiconductors.
Patent of Addition
This form of patent can be obtained for an enhancement or modification of an already-patentable invention.
PCT National Phase
These are patent in India has issued in accordance with the PCT (PCT)
It’s vital to remember that patent laws and regulations can change depending on the jurisdiction of the Indian Patent Office and the different states on Patent in India.
Who administer the Patent in India?
The Indian Patent Office, which is in charge of overseeing and upholding the country’s laws governing patents, designs, and trademarks, is headquartered in the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). Under the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, the Controller General oversees the CGPDTM.
Patents, trademarks, industrial designs, and IP rights enforcement in India are all handled by the CGPDTM. Additionally, it offers a variety of services to support IP owners in managing and protecting their IP rights, including conducting patent searches, offering guidance and support for patent prosecution, and resolving IP disputes.
The Indian Patents Act, 1970, the Trade Marks Act, 1999, and the Designs Act, 2000 all govern how the CGPDTM operates. It grants patents for innovations in all branches of technology, including software, mechanical, electrical, chemical, and biotechnology. It also permits the registration of trademarks and designs.
Third parties and the general public may register objections to the grant or maintenance of a patent in India using the CGPDTM’s system of pre-grant opposition, post-grant opposition, and revocation of patents. Additionally, it offers a method for opposing and fixing trademarks and designs.
Through a number of international IP agreements and treaties, such as the Patent Cooperation Treaty (PCT) and the Madrid Protocol for the international registration of intellectual property, the CGPDTM also collaborates closely with other IP offices throughout the world.
How Does Indian Patent Act, 1970 Collaborates Worldwide?
The Indian Patent Act works internationally with other nations in a variety of ways.
International Treaties and Agreements
India is a signatory to a number of international treaties and agreements relating to intellectual property rights, including the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, the Patent Cooperation Treaty (PCT), and the Paris Convention for the Protection of Industrial Property. These accords offer a framework for international collaboration on issues relating to intellectual property, especially patent protection.
Patent Prosecution Highway (PPH)
India has bilateral PPH agreements with a number of nations, including Canada, the United States, Japan, and South Korea. Patent in India applications that have already been issued in one of the participating nations are eligible for accelerated review under the PPH, making the application process more effective and quick for applicants.
International Search and Examination
India is a PCT member and a member of both the International Searching Authority (ISA) and the International Preliminary Examining Authority (IPEA), which enables applicants to conduct an international search and examination of their patent application, making it simpler to obtain protection for their invention in several nations.
International Collaboration
To exchange knowledge and best practises, as well as to enhance the calibre and effectiveness of the patent examination procedure, the Indian Patent Office collaborates with other patent offices across the world.
National Phase Entry under PCT
Since India is a PCT member, applicants may join the national phase there and submit their patent applications in accordance with Indian patent regulations.
In order to promote and defend intellectual property rights around the world, the Indian Patent Act works with other nations through international treaties and agreements, as well as through collaboration and information sharing.
What is the Role of World Intellectual Property Organization (WIPO)?
The promotion of the protection of intellectual property (IP) rights throughout the world is the responsibility of the World Intellectual Property Organization (WIPO), a specialised agency of the United Nations. Its headquarters are in Geneva, Switzerland, where it was founded in 1967.
The primary responsibilities of WIPO are to create and advance global IP standards and laws as well as to act as a venue for international negotiations on new IP rules and regulations. In order to support nations in implementing IP legislation and strengthening their IP systems, it also offers technical assistance and training.
Additionally, WIPO offers a number of services to support IP owners in managing and protecting their IP rights, including international patent, trademark, and industrial design registration through its numerous international IP systems.
WIPO’s mandate also includes facilitating access to IP for the benefit of all, allowing IP creators and owners to share their knowledge and ideas, and encouraging innovation and creativity. Through its Alternative Dispute Resolution (ADR) service, WIPO also contributes to the resolution of IP issues.
In addition to the General Assembly, which is made up of delegates from all member states, WIPO is administered by its member nations. WIPO now has 187 member countries.
What Is The Difference Between Design And Utility Patents?
The type of invention that each type of patent protects is what distinguishes design patents from utility patents.
Utility patents are awarded for novel, practical, and non-obvious methods, apparatus, manufactured goods, or material compositions. These patents shield an invention’s functionality, including its design, construction, and constituent parts.
On the other hand, design patents are given for fresh, unique, and ornate designs for manufactured goods. The aesthetic components of an invention, such as its form, arrangement, pattern, or decoration, are protected by these patents.
The duration of each type of patent’s validity under Patent Act in India is another distinction between design and utility patents. A utility patent, for instance, is valid in the US for 20 years after the date of filing, whereas a design patent is valid for 15 years after the date of award.
Furthermore, acquiring a design patent under Patent Act in India is typically less complicated and expensive than doing the same for a utility invention. A more complete assessment of innovation, non-obviousness, and usefulness is required for utility patents, but the examination procedure for design patents is less rigorous and merely checks for novelty and non-obviousness.
In conclusion, design patents safeguard an invention’s aesthetic elements, whereas utility patents safeguard its practical components.
Conclusion
Patent Act in India is necessary to give those who develop novel, practical, and non-obvious goods or methods legal protection. The act fulfils a number of crucial purposes; Encourages innovation: The Patent Act gives people and businesses a reason to devote time and money to exploring and creating new concepts and technologies by giving inventors temporary exclusive rights; Transfer of technology:
The Patent Act supports the transfer of technology from developed to developing nations by protecting international inventors who submit their patent applications in India; Public health and safety protection: The Patent Act enables the government to take the necessary steps to safeguard public health and safety, such as by granting compulsorily issued licenses for the production of generic medications in the event of a national emergency or for non-commercial use by the general public.
Disclaimer
The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.
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