ESSENTIAL ELEMENTS OF PATENT

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About Authors:
Jatin  Patel1*, Prof. Rajesh Kumar Dholpuria2, Dhiren Shah1
2(Professor, Head of Department of pharmacognosy),
1Seth G.L. Bihani S.D. College of Technical Education,
Institute of Pharmaceutical Sciences and Drug Research,
Sri Ganganagar, Rajasthan, INDIA
*Patelj313@yahoo.in

ABSTRACT
Patent Right varies from country to country. In India the law which govern patent right is "Indian Patent Act 1970". Indian Patent Act, 1970 grants exclusive right to the inventor for his invention for limited period of time. Generally 20 years time has been granted to the patent holder but in case of inventions relating to manufacturing of food or drugs or medicine it is for seven years from the date of patent. There is certain legal procedure which needs to be followed in order to register. There are several attorney helping inventor in patent registration by providing them best well informed knowledge. In India patent registration can be filed individually or jointly. In case of deceased inventor this can be done his legal representative on behalf of him. All the required documents need to be filed along with the application form. Only after verification registration certificate is provided to the applicant.

Reference Id: PHARMATUTOR-ART-1512

INTRODUCTION:
Patent Act in India

A Patent Act in India is the legislation of a country that controls the use of patents. The main purpose of a patent act in India is to protect inventions. Patents provide the exclusive rights for the owner of a patent to make, use and sell a patented invention.

Patent system of India is regulated and governed by the superintendence of General Controller of designs patients, trademark patent and geographical indications. This office of general controller runs under department of industrial policy and promotion. There are four patent offices in India among which the head patent office is located in Kolkata and other offices are located in Chennai, Delhi and Mumbai. The examiners of each patent office discharge their work according  to the direction controller.

Patent Act in India represents one of the powerful intellectual property rights at the national level. The patent registration confers on the patentee the exclusive right to use, manufacture and sell his invention for the term of the patent. It means that the invention cannot be commercially used, made, distributed, or sold without the patentee's consent. The patent rights can generally be enforced in a court of law.

Patent Right varies from country to country. In India the law which govern patent right is "Indian Patent Act 1970". Indian Patent Act, 1970 grants exclusive right to the inventor for his invention for limited period of time. Generally 20 years time has been granted to the patent holder but in case of inventions relating to manufacturing of food or drugs or medicine it is for seven years from the date of patent. There is certain legal procedure which needs to be followed in order to register. There are several attorney helping inventor in patent registration by providing them best well informed knowledge. In India patent registration can be filed individually or jointly. In case of deceased inventor this can be done his legal representative on behalf of him. All the required documents need to be filed along with the application form. Only after verification registration certificate is provided to the applicant.  [The Indian Patent act& Simpkin Julie]

Definition:
The word Patent originated from the Latin Word "Patene" which means 'to open'.

If a person makes, what he thinks is an invention, he or if he works for an entity, that entity can ask the Government, by filing an application with the Patent Office to give him a certificate in which it is stated what the invention is and that he is the owner of it. Such a right conferred upon the inventor is called 'Patent' by which the inventor, more properly called as the Patentee, can make exclusive use of his invention.

Thus a patent is a monopoly right granted to a person who has invented a new and useful article or a new process of making an article.

In India the Law relating to Patents is governed by the Patents Act 1970 along with the recent Amendment in 1999.

The Indian Patents Act defines an invention as follows:
Invention means any new and useful:
i)    Art, process, method or manner of manufacture,
ii)    Machine, apparatus or other article,
iii) Substance produced by manufacture and includes any new & useful improvement of any of them and an alleged invention.

Therefore, in order to be patentable, an invention must possess the following characteristics:
a) It should relate to a manner of manufacture.
b) The manner of manufacture should be novel.
c) It should be the outcome of inventive activity.
d) It should have utility.
e) It should not be contrary to law and morality.

The Indian Patents Act also lays down some norms as to which inventions are not patentable. Following inventions are not patentable:

a)    An invention which is frivolous or which claims anything obvious or contrary to well established natural laws.
b) An invention, the primary or intended use of which would be contrary to any law or morality or injurious to public health.
c) The mere discovery of a scientific principle or the formulation of an abstract theory.
d) The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs atleast one new reactant.
e) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.
f) The mere arrangement or rearrangement or duplication of known devices each functioning independently of one another in a known way.
g) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture.
h) A method of agriculture or horticulture.
i) A process for the medical, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
j) An invention relating to atomic energy.[ ipo.gov.uk/home.htm & Jain.N.K & Nolo‘sGuide]

Guidelines for obtaining patents in india
The commercial value of any industrial product depends upon a large number of factors, such as, its utility, cost of production, attractiveness of appearance and the reputation established for it in trade. Advantages in respect of utility and cost of production may be gained by the adoption of   “inventions” leading to a new manner of manufacture; advantage in respect of attractiveness of appearance may be secured by the adoption of new or original “designs” for the shape, configuration or ornamentation of the vendible product; and advantage as regards reputation in the course of trade may be gained by adopting and popularizing a suitable “trade mark” for marketing the product.

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