Top Importance of patent registration and the original work of the inventor are discussed here in an elaborate manner.
What is a patent?
Chiefly, A patent is a grant from the government which confers the on the grantee for a limited period of time the exclusive privilege of making, selling, and using the invention for which patent has been granted and also of authorizing others to do so. A patent granted under the act confers upon the patentee where the patent is for an article or substance, the exclusive right by him, his agents or licensees to make, use, exercise, sell or distribute such article or substances in India and where the patent is for a method or process of manufacturing an article or substances, exclusive right by himself, his agents or licensees to use or exercise the method or process in India. The patents granted under the act are operative in the whole of India.
TOP IMPORTANCE OF TYPES OF PATENTS:
Ordinary application:
In essence, an application for patent made in the patent office without claiming any priority of application made in a convention country or without any reference to other application under process in the office is called an ordinary application.
Convention application:
When an application comes to the patent office with an application claiming a priority date based on a similar application filed in one of the convention of the country, it is called a convention application.
PCT international application:
Moreover, PCT is an international filing system for patents in which the application gets an international filing date in all designated countries conferring the date entry up to 31 months to the national offices without affecting the priority date.
PCT-National phase application:
For instance,an international application made according to patent cooperation Treaty designing India can enter national phase within 31 months from the international filing date. This application can be filled before the controller in the Indian Patent Office claiming the priority and the international filing date is called PCT National Phase application.
Patent of addition:
For instances, when an applicant feels that he has come across an invention which is a slight modification on the invention for which he has already applied for /have patent the applicant can go for patent of addition since the invention does not involve a substantial inventive step.
TOP IMPORTANCE OF PATENT APPLICATION:
First of all, application for patent for an invention can be made by any of the following persons either alone or jointly with another:
- True inventor,
- His/her assignee,
- Legal representative of decreased inventor or assignee.
True and first Inventor:
Chiefly,true and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India.
Natural person:
Even though, an assignee can be a natural person or other natural person like registered company, research organization, educational institute or government.
Legal representative:
Beyond,Legal representative means a person who in law represents the estate of a decreased person. In such a case, they should file death certificate etc, as proof of right.
However, the true and first inventor or his assignee or legal representative may submit an application in the prescribed form and manner to be a patent office. One application has to be filed for one invention only. It should contain a declaration:
- That the application is in profession of an invention,
- About the name of the person (owner)claiming to the true and first inventor,
- where the person so claiming is not applicant his belief that the person so named is so to [SECTION 7(3)].
The two important things which every application contains are that the applicant:
- Names of the person claiming to be the true and first inventor, and
- States that he is in possession of the invention.
TOP IMPORTANCE OF TRUE AND FIRST INVENTOR:
Moreover, importance of “true and first inventor” has been defined negatively in section 2(1)(y) as not to include either the first importer of an invention in India, or a person to whom an invention is first communicated from outside India.
Subsequently, true and first inventor is the one who is both a true inventor and also the first in making application for the patent. A person can conceive an invention which is complete only when the idea is so clearly defined in his mind that only ordinary skills ,would be necessary to reduce the invention into practice without extensive research or experimentation.
However, Patent is a monopoly granted for the industrial application of the invention has been made but not applied for industrial application. The question of grant of monopoly does not apply. A patent is kept alive by paying the renewal free from the time to time. In case a patent has elapsed for non-payment of renewal fees or on expiry of the term of patent, the subject matter covered by it is not entitled to any protection. It does not understand anything contained in any other law for the time being in force.
TOP IMPORTANCE OF RIGHTS OBTAINED FROM PATENT:
Though, Patent given under the old provision conferred upon the patentee the exclusive right by himself, his agents or licensees to make, use, exercise, and sell or distribute the patented article or substances; use or exercise the patented method or process in India. Section 48 have been substituted by the new provision of the Patent Act, 2002. The Patent granted after the commencement of that act confers upon the patentee the exclusive right to prevent third parties who do not have his consent from the act of: making, using, offering for sale, selling or importing for those purposes in India, the product, if that product is the subject-matter of patent; or obtained directly by the process.
Incidentally, when a patent does is to give the owner the right to legal action to prevent other person exploiting a patented invention without his consent. The patentee has the exclusive right to prevent third parties from doing acts in relation to his invention.
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