Patent

Module 3 – Part 2
Patents
• A patent is an exclusive right granted for an
innovation that generally provides a new way of • Invention is the
doing something or offers a new technical
solution to a problem.
creation of a new
idea or concept.
• The exclusive right legally protects the invention
from being copied or reproduced by others.
• Innovation is the
process of
• In return, the invention must be disclosed in an
application in a manner sufficiently clear and translating an
complete to enable it to be replicated by a invention into
person with an ordinary level of skill in the commercial entity
relevant field. or widespread use.
• Territorial
• Generally - 20 years from date of filing
2023 Patent Picks – Weird and Wonderful
This invention
“enables vacuuming
a dog after a haircut
and grooming
without causing fear
to the dog,
inasmuch as the
vacuum cleaner
noise is greatly
muffed by such
enclosure”
 “a combined rubber suit and helmet This invention features a small
to completely cover the body of the umbrella “which may be removably
wearer, including a face mask”. To be attached to a beverage container in
worn in “shark-infested waters”, the order to shade the beverage
suit features “a plurality of spikes” container from the direct rays of the
which “prevent a shark from clamping sun”. Practical and stylish!
its jaws over the wearer”
This invention is capable of “preventing This invention, which also allows users
wind and sand, preventing rain and snow” to “quickly call for external help” while
from penetrating the suit and is “made of getting squeaky clean, takes
fireproof antistatic material”. “waterproof electronics” to the next
level.
“keeps fresh kimchi taste for a long time”, “to provide the first truly successful
but also improves “the taste of kimchi by human powered flying apparatus”.
irradiating light into a storage room in Based on the flight of bats, the device is
which kimchi is stored” intended for “physically fit” pilot-
operators.
Source: https://www.wipo.int/patents/en/2023-patent-picks.html
 Conditions for Obtaining a Patent
Protection
Section 2(1)(j) of the Patents Act, 1970
• Novelty - Not part of ‘State of the Art’. The innovation claimed in the
patent application is new and not known to anybody in the world. In other
words, the innovation is
a. not in the knowledge of the public
b. not published anywhere through any means of publication and
c. not be claimed in any other specification by any other applicant.
• Inventive step - Not obvious to the person (s) skilled in the art. The
innovation is
a. a technical advancement over the existing knowledge
b. possesses economic significance and
c. not obvious to a person skilled in the concerned subject.
• Capable of industrial application - For the benefit of society. The invention
is capable of being made or used in any industry.
To Patent or Not to Patent an Invention
• Once an invention has been developed, the inventor has to decide
whether
• to exploit the invention for personal benefits as provided by the statutory
laws of the country
• or put it in the public domain.
• By and large, the inventor prefers the former option.
• Only a miniscule of inventions are placed in the public domain
without claiming any benefits.
• In the latter case, anybody can exploit the innovation for commercial
or societal benefit without paying any money to the inventor.
 Rights Associated with Patents
• Patent owner has the right to decide who may or may
not use the patented invention.
• Invention cannot be commercially made, used,
distributed, imported, or sold by others without the
patent owner's consent.
• The patent owner may permit other parties to use the
invention on mutually agreed terms.
• As a matter of fact, the patent rights are negative
rights as the owner is restricting others from using the
patent in any manner without his prior permission.
• The patent holder may choose to sue the infringing
party to stop illegal use of the patent and also ask for
compensation for the unauthorized use.
Enforcement of Patent Rights
• Enforcement is the process of ensuring
compliance with laws, regulations, rules,
standards and social norms.
• Patent rights are usually enforced by the
judicial courts.
• The Court of Law has the authority to stop
patent infringement.
• However, the main responsibility for
monitoring, identifying and taking action
against infringers of a patent lies with the
patent owner.
 Inventions Eligible for Patenting
• Patents may be granted for inventions/technologies in any field, ranging from a
paper clip or ballpoint pen to a nanotechnology chip or a Harvard mouse (mouse
with cancer genes).
• General belief that patents are awarded only to major scientific breakthroughs –
not true
• Majority of patents are granted to inventions displaying an improvement over the
existing invention.
• In our daily life, we use many patented items, such as toothbrush, toothpaste,
shoes, pen, eyeglasses, textiles, mobile phones, wrist watch, bicycle, scooter, car,
television, cold drinks, beverages and many more.
• Many products contain several inventions (patents) e.g. the laptop computer,
cars, mobile phones and televisions have many patented components.
 Non-Patentable Matters
• Invention contrary to public morality – human cloning, method for gambling
• Mere discovery – new micro-organism occurring freely in nature
• Mere discovery of a new form of a known substance – Aspirin
• Frivolous invention – 100 years calendar, bus timetable, dough supplemented with
herbs
• Arrangement or rearrangement – umbrella fitted with fan, torch attached to bucket
• Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 - compounds
of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as
notified by the Central Government from time to time.
• Literary, dramatic, musical, artistic work – Copyright Act. 1957.
• Topography of integrated circuits – SICLD Act, 2000.
• Plants and animals
• Traditional knowledge
Patent Infringements
• If anyone uses the invention without the prior permission of the owner, that act
will be considered an infringement of the invention.
• Direct Infringement - when a product is substantially close to any patented
product or in a case where the marketing or commercial use of the invention is
carried out without the permission of the owner of the invention.
• Indirect Infringement - When some amount of deceit or accidental infringement
happens without any intention of infringement.
• If such an unlawful act has been committed, the patentee holds the right to sue
the infringer through judicial intervention.
• Following reliefs are made available to the patentee:
• Interlocutory/interim injunction.
• Damages or accounts of profits.
• Permanent injunction.
• It is pertinent to mention that the Central government always holds the rights to
use the invention in the case of national emergency or other circumstances of
Avoid Public Disclosure of an Invention
before Patenting
• Generally, an invention that has been either published or publicly displayed
cannot be patented, as the claimed invention will lose the Novelty‘ criterion.
• However, under certain circumstances, the Patents Act provides a grace
period of 12 months for filing a patent application from the date of its
publication in a journal or presentation in a reputed scientific society or
exhibition.
• Sometimes, disclosure of an invention before filing a patent application is
unavoidable, e.g. selling your invention to a potential investor or a business
partner who would like to know complete details of the invention in order
to judge its commercial value.
• In such a case, it is advisable to sign a Non-Disclosure Agreement (NDA) or
any other confidential agreement to safeguards your interest.