INTRODUCTION TO PATENT
A patent is an exclusive right granted by the government to the inventor to prevent others from using, manufacturing, and selling his or her invention for a certain period of time. It refers to a patent with a monopoly privilege. However, not all innovations are patentable, and patent protection is not required for all inventions. Other types of intellectual property rights can be used to safeguard the end product of innovation.
The main goal of adopting patent law is to encourage innovators to contribute more to their fields by providing them exclusive rights to their ideas. An invention can be patented in India if it refers to a novel product or process that has gone through the creative phase and can be used in the industry. Nonetheless, this does not fall under the definition of non-patentable inventions as defined in sections 3 and 4 of the (Indian) Patents Act 1970. A patent application can be submitted by the real and original inventor or his assignee, either alone or jointly.
PATENT ACT, 1970
The Patent Act is a part of the intellectual property legislation that deals with new innovations. There are two categories of patents, according to the Patents Act of 1970: product patents and process patents. The final result or output generates by a product is the product potent, while the journey of a patent being created is the process patent. Both methods and products that are unique, contain an inventive step, and are capable of industrial application qualify as inventions under the Patent Act.
The invention is defined in section 2(1)(j) of the Act as a unique product or process requiring innovative thinking and capable of industrial application. The term “industrial application” refers to an innovation that may be made or employed in the industry.
One of the requirements for the innovation is that it be novel. l.e. the patentable technology was not in the public domain or part of the state of the art when it was submitted. Section 2(m) of the Act defines the word “patent.” For example, Paracetamol Tablets can be regarded as a product patent, while the production of the tablets is a process patent; still, there is no transfer of rights and no idea of Moral or Economic rights in the patents. The most obvious example is that the medications or vaccines developed by the first nation for COVID-19 must be shared with all other countries.
SEARCHING FOR PATENT IN INDIA
A patent is issued for a new or innovative invention that has an inventive step and may be used in industry. It is therefore advisable to do a patent search before investing time and money in creating any new technology in order to determine whether the technology being developed is new or unique, to prevent repeating the wheel, and to avoid infringing on an existing patent right. The following are the many types of patent application searches that may be done based on the goal:
India’s Freedom to Operate Search (FTO)
Right to Use search is another name for Freedom to Operate (FTO) search. Companies conduct FTO searches before making large investments such as launching a new product or starting a new line of research that leads to the development of a new product to ensure that the commercial production, marketing, and use of their new product, process, or service does not infringe on the intellectual property rights of others.
FTO comprises a complete search and analysis of patent literature, such as patents that have not yet expired and patent applications that have been published. However, keep in mind that patent protection is geographical and has a restricted scope and duration while doing such searches.
It is possible to utilize the freedom to operate searches in the following ways:
For the purpose of laying out a technical field
To be aware of any suspected violation
As a source of inspiration prior to the start of a new development project
To be aware of who is active in a particular subject
Must be aware of the nations in which certain rights may be applicable
To assess a region’s potential for new activity
Novelty and Patentability in India:
Patentability & Novelty search is a previous art search that is commonly used to see if an invention fulfills the patentability criteria of novelty and non-obviousness. All of the aspects of the independent claims must be stated in a single document when using Novelty Search.
Searching for novelty and patentability might be beneficial in the following situations:
Determining whether or not an innovation is new
Taking a look at invention disclosures
Evaluating the innovative value of new goods
Providing support on whether or not to file a patent application
Identifying the difference between state-of-the-art and innovative step
Prior Art/State of the Art Search for Patents:
A prior art search is carried out to identify the state of technology in terms of field development. The search is carried out across a number of databases in order to find relevant patents and/or published patent applications that are related to the technology in question.
The goal of performing a previous art search is to clearly demonstrate the need for the current innovation. When a Previous Art search is completed, the results will clearly state the technical issues with current technology and the solutions to those issues, highlighting the distinctions between the claimed invention and prior art. The main goal of prior art or state-of-the-art search is to:
To determine the state-of-the-art in technology
To come up with R&D concepts
Reduce R&D spending by a substantial amount
To create innovative technology solutions to issues
To assess a certain technology
To keep up with emerging technical developments
Patent Validity / Invalidity Search:
After a patent has been granted, an invalidity or validity search is undertaken to determine the originality and inventive step of the patented invention at the time the patent application was submitted. Except for the desired conclusion (valid or invalid patent claims), these two searches are identical. Validity/Irrelevance Searching can be done for the following reasons:
When a patent is threatened with infringement, it becomes invalid.
Prepare for the enforcement of patent
Prior to obtaining a patent,
The landscape of Patents:
Patent Landscape provides information on current trends and specific advancements in the sector, and an overview of a given technology or subject, its evolution, rivals, and chronological development. The report’s research and insights aid in directing or choosing the company’s or industry’s R&D and IP strategy, and a better evaluation of the patent portfolio’s economic worth. A patent landscape study can assist in this process.
Leaders in technology and their IP strategy
Companies’ technological positioning and historical shifts
Patent portfolio strengths and weaknesses
Companies are focusing on innovation.
Trends in company filings in the technology sector
Trends in foreign filings, etc.
TYPES OF PATENT APPLICATION
When an invention has not yet been finished in its whole or tested, a provisional application is generally filed. The priority date can be determined with the aid of a provisional application. The first date of submitting a patent application is referred to as the priority date. The priority date would be deemed the date of submission of the patent application if the final application was submitted within 12 months of the priority date. Filing a provisional patent application has significant advantages:
The applicant gets enough time to complete his idea and assess its brand value.
A provisional application is less expensive to file.
The priority date aids in determining priority over future comparable innovations.
A provisional application also gives the applicant enough time to make international applications in other countries and claim preference.
An ordinary patent application is one that is filed without claiming any priority date and without mentioning any other applications already pending. As a result, in a standard patent application, the priority date and the filing date are the same. A comprehensive specification and claims must be included with an ordinary application.
APPLICATION FOR A CONVENTION
In terms of determining the priority date, a convention application is equivalent to a provisional application. The applicant claims priority in a convention application based on a reasonably comparable application filed in one or more of the convention nations. Each nation specifies a deadline within which the convention application claiming preference must be submitted. For example, the Indian patent office allows the convention application to be filed within 12 months after the date of filing in one or more of the convention nations.
APPLICATION FOR A PCT
A PCT application is an international application controlled by the Patent Cooperation Treaty that assists in the patenting of an invention in up to 142 countries. The PCT application is perhaps the greatest option for someone seeking global acknowledgment and protection for their innovation.
ADDITIONAL PATENT APPLICATION
If a modification of an invention that has already been applied for or patented exists, the applicant might submit a patent of addition. A patent of addition can only be awarded after the parent invention has been granted, thus there is no need to pay a separate renewal fee throughout the life of the primary patent.
APPLICATION FOR A DIVISION
If an applicant wants to divide an application into two or more applications because it claims for more than one invention, a divisional application is submitted. The priority date for divisional applications is the same as the priority date for parent applications.
One Of The Most Important Forms Of Intellectual Property Is Patents. In Scientific And Technological Advancements, Patents Have Played An Important Role. Many Examples Of Exciting Inventions Existing As Simple, Creative Ideas And Offering Technical Solutions Are Available. As A Result, One Should Aim To Make His Invention As Novel And Effective As Possible.