Article on patent law in india [Best Answer]

Last updated : Aug 9, 2022
Written by : Patricia Vejar
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Article on patent law in india

What is patent law in India?

Under this law, patent rights are granted for inventions covering a new and inventive process, product or an article of manufacture that are able to satisfy the patent eligibility requirements of having novelty, inventive steps, and are capable of industrial application.

Does India have patent law?

Indian patents are governed by the Indian Patent Act of 1970. Under the act, patents are granted if the invention fulfils the following criteria: It should be novel. It should have inventive step/s or it must be non-obvious.

What was there in Indian Patent law 1970?

The Patents Act 1970 had a very limited scope of protection wherein the essential elements of invention were new, useful and manner of manufacture. Even though manufacture was not defined in the old Act, the Patent Office established the practice of interpreting manufacture as process resulting in a tangible product.

What is patent law?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

Who got the first patent in India?

On 3 March 1856, a civil engineer, George Alfred DePenning of 7, Grant's Lane, Calcutta petitioned the Government of India for grant of exclusive privileges for his invention — "An Efficient Punkah Pulling Machine".

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

When was the first patent law passed in India?

1856's Act VI was the very first piece of law relating to Indian patents. Because this Act was passed without the consent of the British Sovereign, it was abolished by Act IX of 1857. In addition, in 1859, provisions for exclusive rights were enacted.

How long is patent valid in India?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country?

What are the objectives of patent law?

The basic aim of patent law is the balance of the interests of inventors on one hand and the interests of the public on the other hand. The inventors are rewarded with a limited exclusive right on their invention, for providing technical progress to the public. The exclusive right is limited in time (max.

What are the important features of the Indian Patent act?

  • Both product and process patent provided.
  • Term of patent – 20 years.
  • Examination on request.
  • Both pre-grant and post-grant opposition.
  • Fast track mechanism for disposal of appeals.
  • Provision for protection of bio-diversity and traditional knowledge.

When was first patent granted?

The first recorded patent for an industrial invention was granted in 1421 in Florence to the architect and engineer Filippo Brunelleschi. The patent gave him a three-year monopoly on the manufacture of a barge with hoisting gear used to transport marble.

What are the 4 types of patents?

  • Utility patent. This is what most people think of when they think about a patent.
  • Provisional patent.
  • Design patent.
  • Plant patent.

What type of law is patent law?

Patent law is the branch of intellectual property law that deals with new inventions. Traditional patents protect tangible scientific inventions, such as circuit boards, car engines, heating coils, or zippers.

What is patent and example?

1. The definition of a patent is the right from the federal government to produce and sell something for a certain number of years without anyone copying it. An example of patent is a protection against copying the production method used to create M&Ms.

Who is the highest patent holder in India?

Gurtej Singh Sandhu holds the record for the most patents by an Indian. He has over 1340 utility patents and is Senior Fellow and Vice President at Micron Technology. He works in the field of Electrical Engineering.

How many patents are there in India?

The cornerstone laid down by National IPR policy and the efforts made by the Government has transpired into the following achievements for India: Filing of patents have increased from 42763 in 2014-15 to 66440 in 2021-22, more that 50% increase in a span of 7 years.

What is the advantage of patent?

A patent gives you the right to stop others from copying, manufacturing, selling or importing your invention without your permission. See protecting intellectual property. You get protection for a pre-determined period, allowing you to keep competitors at bay. You can then use your invention yourself.

What is patent life cycle?

Patent Term and fees: A granted patent will expire after 20 years of the filing date, unless it expires earlier due to a failure to pay fees or a declaration of invalidity by a court. After the patent expires, the invention is available to all.

What are the features of patent?

  • Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
  • Inventive step. This means that your product or process must be an inventive solution.
  • Industrial applicability.

What is the history of patent law?

The history of Patent law in India starts from 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present Patents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India.

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Article on patent law in india

Comment by Allyson Purzycki

Thanks for this great article

Thanks for your comment Allyson Purzycki, have a nice day.
- Patricia Vejar, Staff Member

Comment by geriretzy

Thanks for this interesting article

Thanks geriretzy your participation is very much appreciated
- Patricia Vejar

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