Cdn.dynamic.soolegal.com
PATENT
➢ Purpose :
Any invention can be patented. It should always be kept in mind that the Invention must be Useful, Novel, New & Non-Obvious.
The Patent Act, means an Invention must be something that has not fallen in the Public Domain before.
Under The Patents Act, 1970, when you create something that has never been made before, it becomes your right to gain exclusivity over it and your responsibility to protect it.
If you are the first & true inventor of a product or a process, the government shall grant you a patent over it. Such patent rights granted to you give you an exclusive access over the make, use and sale of such product or process. No one else can use your patent in any manner without taking your prior permission.
It is a right given to the owner of an invention and prevents others from making or using such invention. The term of a patent is 20 years. The Patent obtained in one country is not enforceable in another country.
Mere scientific principles, theories, software etc are not patentable.
➢ Area of Application of Law :
The Appropriate Government shall grant you a Patent Right. The Patent obtained in one country is not enforceable in another country. Scientific principles, theories, software etc are not patentable.
It is a right given to the owner of an invention and prevents others from making or using such invention. The term of a patent is 20 years.
➢ Legal Procedure :
A patent is the right granted to you by the government for a specific period of time, which prevents anyone else from using, selling or manufacturing your invention.
To obtain a patent for your invention, the Indian Patent Law lays down a simple procedure to obtain a patent for your invention -
• Collect all the necessary information about your invention to be Patented which includes the description, usage, advantages, diagrams, depictions, pictures, etc.
• Ensure your invention is patentable and that it does not come under any restricted category.
• Draft your application to obtain a patent.
• After completing all necessary steps, your application is accepted and your invention is found to be patentable, you are granted a patent for a period of 20 years from the date of your application which can be renewed after paying an annual fee.
➢ Documents Required :
To obtain a patent over your invention, you need to fulfill the following conditions-
• Provide full information about description, usage, advantages, diagrams, depictions, pictures, etc. of your invention to be Patented.
• File an application to obtain a patent.
• A proof of ownership of invention.
• Other supporting documents.
➢ Punishment/ Expected Relief :
Your application is accepted or rejected. If your Application is Accepted you are granted a patent for a period of 20 years from the date of your application which can be renewed after paying an annual fee.
➢ Landmark Judgement :
The landmark judgement :
Bajaj Auto Limited Vs TVS Motor Company Limited JT 2009 (12) SC 103.
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