In India, the law of Patent is governed by Patent Act, 1970 as amended till date and Rules there under. The Patent Act, 1970 was lastly amended by The Patent (Amendment) Act, 2004 became effective from January 1, 2005. The substantial amendment is effected by this last amendment.
What is Patent?
A Patent is a Statutory privilege granted by the Government to inventors (or to other persons obtaining rights from the Original Inventors) for a fixed and limited period of years, to exclude other persons from manufacturing, selling or using any patented product or process or method. Thus, the Patent is a monopoly right on an invention for a limited period of time.
Thus, the Patent is a monopoly right on an invention for a limited period of time.
What is Patentable Invention?
All the invention is patentable which is new and industrially useful barring few as described herein below.
In nutshell, all the inventions including any art, process, method or Manner of Manufacture, Machine, Apparatus, Article or Substance produced by manufacture or process of manufacture and Improvement thereof.
What is not patentable?
• Invention which is frivolous and contrary to established natural laws.
• An invention which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to environment.
• Discovery of any living thing or non-living substance occurring in nature.
• The mere discovery of mere new use of a known process, substance, machine or apparatus unless such known process or machine results into a new product or employs at least one new reactant.
• A substance obtained merely by admixture resulting only in aggregation of properties of the components.
• Mere arrangement / rearrangement of known devices each functioning independently in known way.
• A method of agriculture or horticulture.
• A process of medical, surgical, diagnostic, therapeutic or other treatment of human beings.
• Plants & animals in whole or any part, other than micro-organisms, but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.
• A mathematical or business methods or algorithms.
• Computer program per se other than technical application to industry or a combination with hardware.
• Aesthetic creation, literary, dramatic, musical or artistic work
• A mere scheme or rule or method of performing mental act or method of playing game.
• A presentation of information
• An invention, which in effect is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component(s)
For more details contact the Patent Attorneys & Lawyers at :
Call: 0091 9810153965
Visit : http://www.globallawyers.in
# # #
Global Lawyers, a corporate and commercial law firm, offers a full range of legal services including all kinds of arbitration and litigation to Indian and international clients and corporate as well.
Visit us at : http://www.globallawyers.in