Indian Patent Law
Indian Patent Law
UNIT 4 INDIAN PATENT LAW
Structure
4.1 4.2 4.3 4.4 4.5 Introduction
Objectives
The Patent System Patentable Inventions
What is a Patentable Invention? What is Not Patentable?
Procedure for Obtaining Patent Consequences of Grant of Patent
Rights of a Patentee Limitations on Patentee’s Rights Revocation of Patent for Non-working
4.6
Transfer of Patent
Assignment Licence Transmission of Right by Operation of Law
4.7 4.8 4.9
Infringement of Patent Summary Answers and Hints to SAQs
4.1
INTRODUCTION
Patent is a monopoly right granted by the State to an inventor for a limited period, in respect of the invention, to the exclusion of all others. A system of patents serves many useful purposes. If the invention is commercially utilized, the patent ensures just reward in terms of money and recognition for the inventor, for all the time and effort, knowledge and skills, money and other resources invested to come up with the invention. For the society, commercial exploitation of an invention means newer and better products, higher productivity, and more efficient means of production. The objective of granting the patent is to ensure that it is worked (utilized) in the country; and it is not meant to block production or further research and development. A patent system encourages technological innovation and dissemination of technology. This in turn stimulates growth and helps the spread of prosperity and better utilization of resources. In an age when technology and knowledge are the greatest generators of wealth, the number of patents filed and granted nationally and internationally is a good indicator of the health of science and technology in a country. Patent is granted by a State and hence has territorial applicability. That is, it is valid only in the country, which grants the patent. There is no mechanism to obtain a global patent and you have to apply separately in all the countries where you want the invention to be
UNIT 4 INDIAN PATENT LAW
Structure
4.1 4.2 4.3 4.4 4.5 Introduction
Objectives
The Patent System Patentable Inventions
What is a Patentable Invention? What is Not Patentable?
Procedure for Obtaining Patent Consequences of Grant of Patent
Rights of a Patentee Limitations on Patentee’s Rights Revocation of Patent for Non-working
4.6
Transfer of Patent
Assignment Licence Transmission of Right by Operation of Law
4.7 4.8 4.9
Infringement of Patent Summary Answers and Hints to SAQs
4.1
INTRODUCTION
Patent is a monopoly right granted by the State to an inventor for a limited period, in respect of the invention, to the exclusion of all others. A system of patents serves many useful purposes. If the invention is commercially utilized, the patent ensures just reward in terms of money and recognition for the inventor, for all the time and effort, knowledge and skills, money and other resources invested to come up with the invention. For the society, commercial exploitation of an invention means newer and better products, higher productivity, and more efficient means of production. The objective of granting the patent is to ensure that it is worked (utilized) in the country; and it is not meant to block production or further research and development. A patent system encourages technological innovation and dissemination of technology. This in turn stimulates growth and helps the spread of prosperity and better utilization of resources. In an age when technology and knowledge are the greatest generators of wealth, the number of patents filed and granted nationally and internationally is a good indicator of the health of science and technology in a country. Patent is granted by a State and hence has territorial applicability. That is, it is valid only in the country, which grants the patent. There is no mechanism to obtain a global patent and you have to apply separately in all the countries where you want the invention to be