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Patents
Meaning & Content
Patents are statutorily designed
real life legal instruments aimed at protecting inventions.
Inventions, in modern times, are the outcome of well-planned
research and development. Patents act as economic incentives to
inventors who put in intellectual labor to develop new and useful
inventions. Patents foster research and development by providing
limited term exclusivity to patentees to commercially make use of
the inventions they own. Patents are granted by national governments
in consideration for disclosing to the public the scientific and
technological information subsisting in the inventions by the
inventors/or the subsequent owners of the inventions. Published
patent specifications are therefore, important scientific documents
containing extremely valuable scientific information. A patent is
enforceable only within the territorial limits of the nation
granting it.
Patentable Inventions
Invention means a new product or
process involving inventive step and capable of industrial
application. Not all inventions are patentable. For an invention to
be patentable, it must be new, useful and non-obvious. Invention
means a new product or process involving inventive step and capable
of industrial application. Inventive step is defined as a feature of
an invention that involves technical advance as compared to the
existing knowledge or having economic significance or both and that
makes the invention not obvious to the person skilled in the art.
The national laws of a number of countries prescribe limitations on
the patentability of inventions. As for example, the Indian law
declares that Inventions which are frivolous or which claim anything
obviously contrary to well established natural laws as not
patentable. Inventions, the commercial exploitation of which could
be contrary to public order or morality or which cause serious
prejudice to human, animal or plant life or health or to the
environment are also declared as non-patentable. Similarly there are
several other specific categories of inventions, which are declared
as non-patentable in India.
Patent Specification
The process of patenting begins
with the execution of an idea by an inventor. Typically an idea is
executed by preparing a technical disclsoure statement that enables
a person ordinarily skilled in the art to reduce the invention into
practice. The technical disclosure is then converted into a patent
specification. This is an extremely sophisticated process that is
governed by well established conventions in patent law and practice.
The process typically involves conducting prior art searches to
distinguish the current invention from prior art and developing a
patent disclosure that demonstrates the best mode of working the
invention. The patent specification comprises a title, the technical
field, cross-reference to related patents (if relevant), the
background of the invention, the description of the related art, the
summary of the invention, the brief description of the drawing
figures (if any), the detailed description of the preferred
embodiments, claims and abstract.Claims are the most critical
components of a patent specification. Claims define the nature and
extent of the rights that a patentee owns in the invention.
Filing and Prosecuting Patent Applications
Most countries have national
laws providing for patent administration systems. These national
laws not only prescribe the substantive principles concerning the
patentability of inventions but also the procedure for securing
patents for inventions and maintaining such patents after the grant.
Once an application for a patent is filed, the national patent
office in most countries will publish the application (there are
some exceptions to this). Typically an application for patent will
be examined for formal and substantive compliance by the national
patent offices. This examination may precede prior searches and in
such cases the national patent office may issue a search report.
This will be followed by the establishment of an Examination Report.
It is the obligation of the applicant for patent to remedy the
objections by the Examiner of Patents and there will be certain time
limits attached with these processes. Once the applicant complies
with the national patent office requirements, the patent will be
granted and issued. It is the patentees responsibility to
maintain an issued patent by paying the annuities until the patent
expires after its 20 years' term (the term of patent may not be 20
years in all countries).
Applicants particulars

Full Name

Addres

Type of incorporation (e.g. partnership, company, etc.)

Country of incorporation (where applicant is not a perso)

If applicant is not the inventor How applicant derived right
to file patent application from inventor(s) (e.g., employment
agreement, commission, assignment deed, etc.) |
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