A patent is the granting of a property right by a sovereign authority to an inventor. A patent provides the inventor exclusive rights to the patented process, design, or invention for a certain period in exchange for a complete disclosure of the invention. In simple terms, it is an invention hence it requires innovation. It is an exclusive monopoly granted to the inventor for allowing the use of the invention in the open market as well. When an invention is created the inventor is required to apply for a patent to enjoy the various benefits. In order to be patented, an invention must be new and it cannot be an extension of something that already exists.
THE INDIAN PATENT ACT, 1970
During the British reign in India, the Act VI of 1856 granted protection of inventions based to inventors of new manufactures for a period of 14 years. It underwent many modifications thereafter and in 1911, Indian Patent and Designs Act was enacted. Again amendments took place and finally the present Patent Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India.
In 2005, the Patents Act, 1970 was again amended by the Patent (Amendment) Act, 2005 and here the product patent was allowed against all fields of technology including food, drugs, chemicals and micro-organisms. The new amendment of 2005 also included pre-grant and post-grant opposition.
The application for patent is required to be made at the Indian Patent Office by the inventor. There is no bar on the identity of the inventor. Multiple inventions cannot be granted patent over a single application. Scope of a patent is crucial factor for determining infringement with other products. Thus the infringement has to be determined with regard to what has been claimed as invention under the Patent Act by applying the principle standards of construction. A patent is valid for 20 years but a patentee has to renew a patent every year by paying the renewal fee, which can be paid in lump sum as well.
The main purpose behind patent was to encourage scientific research, new technology and industrial progress. Patent gives the right to manufacture, use, offer for sale, sell or import the invention for the prescribed period to the inventor. The patent owner has the exclusive right to prevent or stop others from commercially exploiting the patent invention.
Patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s permission or consent. If someone tries to replicate the invention or invent against an existing patent the original inventor can enforce their right against such duplicate product.
- Hindusthan Lever Limited v. Godrej Soaps Limited and others, 1996
- Sandeep Jaidka v. Mukesh Mittal & Anr., 2014
- FDC Limited v. Sanjeev Khandelwal Prem Niwas, 2007
- Novartis Ag & Anr v. Cipla Ltd, 2015
- Cipla Ltd v. F. Hoffmann- La Roche Ltd & Anr, 2015
- Laxmi Dutt Roop Chand v. Nankau and Ors, 1962
- Rohtas Industries Ltd and Ors v. Indian Hume Pipe Co. Ltd, 1953