Preview

Patent Act

Good Essays
Open Document
Open Document
947 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Patent Act
Patents Act, 1970
Patents Act, 1970 is designed to protect inventions in respect of manufacture, machine or process of manufacture. On the other hand, the Copyright Act, 1957 is to protect rights of artists, authors, producers of films, computer software owners etc. Patent is an exclusive rights granted to the patent holder, for a limited period, as a reward for creative work based on his private initiative. ‘Creativity’ is accorded the status of ‘property’ which can be bought, sold, licensed or hired like any other commodity. The principle behind patent protection is that creativity will not get encouragement if it cannot be protected from pirating or copying.
Major changes have been made by Patents (Amendment) Act, 2002, which was passed on 25-6-2002 aligning it to TRIPS in many aspects. Highlights are - * It provides for uniform protection for 20 years. * Appellate Authority is provided. Appeal against order of Controller and Central Government and application for rectification of register of patents will be to appellate Board and not to High Court. [However, suit for infringement of Patent or revocation of patent will lie with Court only] * Person other than patent holder to obtain marketing approval from regulatory authorities within 3 years before expiration of terms of patent * Provisions for protection of bio-diversities of traditional knowledge * Reversal of burden in case of process patent * Procedural simplifications.
The amendments have not yet been brought into force. However, these have been incorporated in this write up at appropriate places.
What is a Patent - Section 2(1)(m) merely states ‘Patent’ means a patent granted under this Act’. - - Thus, word ‘patent’ is not defined under the Act, though what can be patented and what cannot has been specified. - - A patent, generally speaking, is a grant from Government, which confers on the grantee for a limited period of time the exclusive privilege of making, selling and using the invention for

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Invention Convention

    • 355 Words
    • 2 Pages

    CUP & COOKIES Smart cup in which you can put 2-3 of your favourite cookies. You don't need extra plates. It's made for right handed and left handed. this will help saving dishes and you would get the right amount of milk you need everyday. by this you can make a cup Ventilation system…

    • 355 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Stamp Act

    • 1329 Words
    • 6 Pages

    The passing of the Stamp Act by Parliament in 1765 caused a rush of angry protests by the colonists in British America that perhaps "aroused and unified Americans as no previous political event ever had." It levied a tax on legal documents, almanacs, newspapers, and nearly every other form of paper used in the colonies. Adding to this hardship was the need for the tax to be paid in British sterling, not in colonial paper money. Although this duty had been in effect in England for over half a century and was already in effect in several colonies in the 1750's, it called into question the authority of Parliament over the overseas colonies that had no representation therein.…

    • 1329 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Bugusa, Inc.

    • 754 Words
    • 4 Pages

    Copyright laws give certain rights to creators of original works of authorship. It prevents others from using their work and gives them an incentive to innovate. “Copyright protection does not extend to ideas, facts, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. Instead, it protects the ways in which they are expressed. The story line of a play, for instance, is protected, but the ideas, themes, or messages underlying it are not.” (Mallor, 2007) The U.S. Constitution’s Copyright Clause (Article I, section 8) empowers Congress to promote the progress of Science and useful arts by enacting copyright and patent laws.…

    • 754 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of the invention. Patent is the most likely infringed because patent is a legal framework that establishes a patent system which supports and encourages technological innovation and promotes economic development. Patents defend inventions and processes. Patents set time for bars for 20 years. It doesn’t give right to others to use their inventions.…

    • 892 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Gscm

    • 799 Words
    • 4 Pages

    Patent Protection: The intellectual property right, might there is the chances of copying the patent.…

    • 799 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Copyright designs and patents Act 1988- Copyright refers to laws that control the use of the work of a creator, such as an artist or author. For a copyright to apply to a piece of work it must be an original idea of their own that is put to use.…

    • 3511 Words
    • 15 Pages
    Powerful Essays
  • Good Essays

    When analyzing the legal issues of e-business and intellectual property, one must include privacy, ethics and security. The U.S. has well developed systems of licensing that protects patents, trademarks and copyrights. Each has its own set of rules and procedures. The U.S. Patent and Trademark Office (USPTO) of the Department of Commerce issues patents and trademark registrations. Any person who invents or discovers any new and useful process, machine, manufacture or composition of matter or any new and useful improvements of these may obtain a U.S. patent. The Patent laws make no distinctions based on the inventors citizenship. It is legal and customary to require employees to assign their patent rights to their employers. The basic law specifying the subject matter for which a patent might be obtained and the conditions for patentability took effect in 1953 (Title 45 of the US Code). The Ominbus Trade…

    • 757 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Delroy, I liked how you mentioned that a patent doesn’t just give an inventor the right to make and sell their invention for a set period of time, but it also protects a product or deign established by an inventor. I agree with you that it makes the product better for the customers to recognize and makes the products more obvious. I agree and like your examples of violations of patent and copyright, that someone can’t sell his or her invention without permission and that a violation of copyright is if someone makes copies of a book and printed them to use it for their own benefit or to make a profit off of it.…

    • 116 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    ttools Case Analysis

    • 584 Words
    • 2 Pages

    The patent is a very important asset in the evolution of the ttools business. A patent entails a set of exclusive rights that are granted by a national government to an inventor or their assignee for a limited period. Patents promote innovation and the dissemination of information by requiring the owner to publicly disclose the information that encompasses the invention. The information enriches technical knowledge and promotes creativity to others. Patents provide protection to the owner and a means of licensing technology at all levels. Without protection, people would not want to invest large amounts of money in new inventions. There would not be any measures to prevent competitors from immediately making use of an invention, without having had to put in the same time, hard work, and money as the original inventor. Patent laws ensure that there is no unfair advantage of the ideas and work of other inventors. Patents will ensure that individuals and businesses will continue to work to create new ideas and innovation, which will help improve the economy…

    • 584 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    If you have developed a product that you would like to sell on the market or attempt to sell to a company, your first priority is to get a patent on your invention. You want to do this for several reasons, but most importantly, you want to protect what belongs to you. However, you should get an attorney for the patent process. The following are a few of the reasons for this.…

    • 471 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Article 1.- To amend and supplement the Minister of Finance’s Decision No. 10/2003/QD-BTC of January 24, 2003, promulgating the Tariff of charges for technical safety and quality inspection of motor vehicles and special-use equipment and machinery (below referred to as Decision No. 10/2003/QD-BTC) as follows:…

    • 1156 Words
    • 5 Pages
    Satisfactory Essays
  • Powerful Essays

    Patents in India

    • 5513 Words
    • 23 Pages

    1. The first legislation in India relating to patents was the Act VI of 1856. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions. The Act was subsequently repealed by Act IX of 1857 since it had been enacted without the approval of the British Crown . Fresh legislation for granting ‘exclusive privileges’ was introduced in 1 859 as Act XV of 1859. This legislation contained certain modifications of the earlier legislation, namely, grant of exclusive privileges to useful inventions only and extension of priority period from 6 months to 12 months. This Act excluded importers from the definition of inventor. This Act was based on the United Kingdom Act of 1852 with certain departures which include allowing assignees to make application in India and also taking prior public use or publication in India or United Kingdom for the purpose of ascertaining…

    • 5513 Words
    • 23 Pages
    Powerful Essays
  • Good Essays

    patents cases

    • 3658 Words
    • 15 Pages

    The appeal was allowed on the issue of invalidity of the patent. However, it was dismissed on the issue of infringement. It was observed that the judge had failed to adopt the correct approach when determining that the cutting tool was part of the common general knowledge. No distinction had been made between what was known and what formed part of the general knowledge. The judge in making his findings had erred by examining the question of inventive step from a position of hindsight. No evidence existed in support of his conclusion that a combined tap and cutter formed part of the general knowledge.…

    • 3658 Words
    • 15 Pages
    Good Essays
  • Good Essays

    Patent Law

    • 2127 Words
    • 9 Pages

    * If patent application does not claim a technical invention, it will be rejected without regard to novelty and/or inventive step.…

    • 2127 Words
    • 9 Pages
    Good Essays
  • Good Essays

    In 1883 in Paris was concluded the first international agreement in the sphere of industrial property right protection, which was named “Paris Convention for the Protection of Industrial Property” according to the website of World Intellectual Property Organization. Convention was covering almost everything in terms of industrial property: patents, utility models, trademarks, service marks, trade names, industrial designs, geographical indications and the repression of unfair competition. Also the international agreement was several times reviewed, changed, amended and last time on 28 of September 1979. As it is written on the official website of WIPO, “this international agreement…

    • 1027 Words
    • 5 Pages
    Good Essays

Related Topics