INTRODUCTION
Patent is a certificate given to an inventor that gives the right to prevent others from making or selling the invention within a given period of time. The practice of obtaining a patent requires that technical information about the invention be presented in a patent document submitted for review. The main goal of patent law is to protect inventor on one hand and on the other hand is to protect the general public. The inventors are given a limited exclusive possession on their invention on the basis of their contribution to further technical advancement to the public. Patent confers a right or title to the owner for a specified period of time to exclude others from receiving the opportunity. Patents can be considered as one of the intellectual property rights which encloses inventions and useful processes including designs, appearance of products, formulas etc. Patent typically protects the rights of the original creator and protects it from being exploited by others which later may also land up causing several problems like harming the common public It includes producing, using, selling or importing the invention illegally though usually most of the creators probably already have a concrete use in the mind when they invent it.
HISTORY OF PATENT LAW
EARLY HISTORY
- Ancient Civilizations: The idea of providing monopoly for inventions goes way back in history. The ancient city of Sybaris in Ancient Greece during about 500 BCE had allowed inventions of new culinary dishes to be protected for one year.
- Medieval Period: During middle ages, there were other European cities who granted sole rights on inventions and arts to artisans and inventors but they were not so systematic or quite official like patents.
RENAISSANCE TO 18TH CENTURY
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- Florence (1421): It is evident that the first patent was issued to an industry for invention in the year 1421 in Florence to the architect as well as engineer, Filippo Brunelleschi.
- Venetian Patent Statute (1474): Claimed as the first formal patent act which granted exclusive rights to inventors for ten years.
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- France: It was King Henry II of France who later in year 1555 came up with the idea of publishing the description of an invention, in the patent. Mainly this was published after the expiration of the concerned patent in the year 1561.
- England: The English Statute of Monopolies (1624) is a crucial law which limited the power of the Crown to issue joint-stock monopolies rather than new inventions, for 14 years maximum.
- United States: In the United States of America, the Constitution of 1787 provided for the protection of science and useful arts through a patent for creating inventions.
19TH TO EARLY 20TH CENTURY
- International Developments: At the end of the eighteenth century and most of the period of the nineteenth century, many countries set their own patent laws. Chaired in Paris in 1883, the Paris Convention for the Protection of Industrial Property was the first crucial attempt made to build up a certain measure of conformity in regard to patent laws, with the aims of safeguarding inventors’ rights across nations.
- Patent Cooperation Treaty (PCT, 1970): This was an international treaty aimed at simplifying the whole procedure of obtaining patents with the WIPO as its administrator.
MODERN ERA
- TRIPS Agreement (1995): The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement was the first structure globalizing patent law and establishing a set of essential minimums for the worldwide patent system.
- Evolving Challenges: Presently, owing to these new fields of inventions patent law is still developing the next forms of legal protection in points of biotechnology, software and artificial intelligence, as well as the principal question concerning patent trolls and patent essentiality.
This overview explains the general stages and changes that have occurred throughout the evolution of patent law from ancient times to the modern international legal system.
PATENT LAW IN INDIA
In 1911, the Indian Patents and designs act was established which marked the beginning of the history of patent law. The Patents Act, 1970 is the legislation which governs patents in India even today and was first came into force in 1972. The office of CGPDTM (Controller General of Patents, Designs and Trade Marks) is the body which is mainly responsible for the Indian Patent Act. The headquarters of Patent Office is located in Kolkata and also has its new branches in Delhi, Chennai and Mumbai. Although the office is based in Mumbai but Nagpur hosts the office of the Patent Information System and also the National Institute for Intellectual Property Management. The Controller General supervises the Patent Act’s administration and offers advice to the government on related matters.
HISTORY OF PATENT ACTS IN INDIA
- 1856: Act IV for protection of inventions on the basis of British law of 1852
- 1857: Act IX for protection of inventions
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- 1859: Act XV Patent monopolies called exclusive privileges
- 1872: Patents and Designs Protection Act
- 1883: Protection of Inventions Act 1888, Inventions and Designs Act 1911-1947, Modern patent era by Patents and Designs Act.
- 1911: Patents and Designs Act
- 1959: Justice Ayyangar’s report
- 1967: Patent Act bill introduced into the Parliament
- 1970: The Patents Act passed by the Parliament
- 1972: The Indian Patents Act-1970 (Act 39 of 1970) came into force on April 20, 1972
- 1994: Amendment by ordinance to include Exclusive Marketing Rights (EMRs)
- 1999: Amendment passed by the parliament. New patent amendment bill referred to select committee.
- 2003-2005: Patents Act 1970 with second amendment comes into force. Patent Act 1970 (2005 amendment) comes into force from 1-1-2005.
PATENT LAW AMENDMENT ACT 2005
Salient features:
- Extension of the term of protection of patents for products to products in the sectors of drugs, foods and chemical.
- Inclusion of a provision for the extension of permission for obtaining a compulsory license for exporting medicines to nations that either lack manufacturing capacity or are devoid of it; provided such imported country has either issued a compulsory license for import or has allowed the import of patented pharmaceutical products from India in terms of the Doha Declaration.
- Section 3(d) regarding patentability.
Effects:
- Due to the new patent regime, increased prices of products was considered to be a major hindrance during the time.
- The amendment intended to make Indian drug and pharmaceutical industries competitive at par with multinational companies.
- Despite some initial reluctance, in the last ten years Indian companies which manufacture generic pharmaceuticals have done well for themselves.
- Also, there have been some multinational corporations that have established research and development divisions within this country.
OBJECTIVES
- To provide protection and promote the creativity of new creators
- To accelerate the technological and industrial development of the countries
- To provide the exclusive right to invention
- Understand the meaning of specifications
TYPES OF PATENT
- Ordinary Patent – a patent application filed without any priority date and is made without any reference to any other application under process.
- Patent of Addition – an addition for improvement in or modification for an invention for which already patent has been applied or granted.
- Convention Patent – a patent granted in respect of convention application field under section 135 of act.
- National phase applications – are those applications which are required to be filed within 31 months from the earliest priority date.
INVENTIONS WHICH ARE NOT PATENTIABLE
- Any artistic creations
- Mathematical methods
- Business schemes
- Anything against universal law
- Inventions injurious to public health
- Discovery of scientific principles of the formulation of an abstract theory
- Substance obtained by a mere admisture of properties of the components
- Method of agriculture or horticulture
PATENTIABLE INVENTIONS
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- Novelty: the matter is closed in the specification is not published in India or elsewhere before the date of filling of the patent application in India
- Industrially applicable: invention should possess utility so that it can be made or used in the industry
- Incentive step: invention is not clear to a person skilled in the light of the prior publication or knowledge or document
- Novel
- New product or process
TERM AND SPECIFICATION
The patent has a limited term of 20 years which is counted from the date of filing of the patent application, irrespective of whether it is filed with provisional or complete specification. It is important to note that a patentee has to renew the patent every year by paying the renewal fee which can be paid every year or in lump sum. A request for restoration of patent can we filed within 18 months from the death of cessation of patent along with the prescribed fee.
The object of the specification is to provide complete information to the public about the invention and the mode of carrying it out and to define the boundaries. The specification not only discloses the embodiments of the invention but also provide the manner of practicing or working the invention. It also provides notice of the patent protection sought by an applicant by clearly defining the boundaries of the invention.
CONCLUSION
Patents are considered to be one of the most important forms of intellectual property. Patents have played a decisive role in scientific and technological advancements. It can provide great value and increased returns to individuals and companies on the investment made in developing new technology. Patent in India has protected the intellectual property of many innovators and has been useful in the growth of commerce and technology in India.
Authored by- RAJASMITA CHATTERJEE, AMITY UNIVERSITY, KOLKATA