Patents under the Intellectual Property Rights (IPR) Act protect inventors by granting exclusive rights to their inventions. Governed by the Patents Act, 1970 in India, this legislation allows inventors to exclude others from making, using, selling, or importing their invention for up to 20 years from the filing date, provided that the invention meets specific criteria.
To be eligible for a patent, an invention must demonstrate novelty, inventive step, and industrial applicability. Novelty requires that the invention is new and not previously disclosed. The inventive step mandates that the invention must not be obvious to someone skilled in the field. Industrial applicability means the invention must be capable of being used in some industry or practical application.
The patent application process involves several steps:
- Filing: An application must be submitted with a detailed description and claims defining the scope of the invention.
- Examination: The application undergoes formal and substantive scrutiny to ensure it meets all patentability requirements.
- Publication: Once accepted, the application is published, allowing public inspection and potential opposition.
- Grant: If all requirements are satisfied, the patent is granted and registered.
Certain inventions are excluded from patent protection, such as abstract ideas, scientific theories, and methods of medical treatment. Patents must be maintained by paying periodic fees; failure to do so can result in the patent lapsing.
For global protection, inventors can use the Patent Cooperation Treaty (PCT), which simplifies filing in multiple countries. Patents incentivize innovation by providing a temporary monopoly, thus encouraging the development and sharing of new technologies.
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