PATENTS

Patents

  • Definition: A patent is a right granted to anyone who invents or discovers a new and useful process, product, article, or machine of manufacture. It is also recognized as a government grant that permits an inventor to exclude others from exploiting their invention.

  • Legal Reference: See The Patents Act, Chapter 314, 2001-18.

Rationale of Patent System

  • Disclosure Requirement: Inventors must fully disclose their inventions during the patent application process. While patenting is not mandatory, it protects the inventor’s monopoly against infringement.

Invention

  • Definition: An invention is a new product, machine, material, or process offering a new solution to a problem.

  • Legal Reference: See Section 4(1) & (2) of The Patents Act.

Patentable Inventions

  • Types of Inventions: Patents can be granted for machines, tools, systems, processes, and even plants and animals under certain conditions.

  • Legal Reference: See Section 5(2)(a)&(b) of The Patents Act.

Limitations on Patentee’s Rights

  • Patentees cannot invoke their rights for:

    1. Scientific research.

    2. Actions concerning products on the market with owner consent.

    3. Use by individuals who were using the invention prior to the patent filing.

    4. Use on foreign vessels or aircraft for their own purposes.

Basic Requirements for Patentability

  1. Novelty: The invention must be new and not part of the existing state of the art.

  2. Non-Obviousness: The invention should not be obvious to someone skilled in the field.

  3. Utility: The invention must have a useful purpose and be applicable in industry.

  • Legal Reference: See Section 7 of The Patents Act.

Novelty

  • Explanation: An invention must not be publicly disclosed before the filing date. For instance, a patent application was rejected because prior art already described the invention.

  • Legal Reference: See Section 8(2) of The Patents Act.

Non-Obviousness

  • Criteria: An invention must not be obvious to a person of ordinary skill in the relevant field. Factors include the scope of prior art and the inventive steps.

  • Test Case: Graham vs. John Deere Co., 383 U.S. 1 (1966).

Utility

  • Definition: Utility means the invention must have a practical application in any industry.

  • Examples: Motorized ice cream cone, wearable hamster cage, diaper alarm.

Factors Unpatentable

  • Non-Inventions: Public order, immoral inventions, natural discoveries, and certain methodologies like agricultural methods are not patentable.

  • Legal Reference: See Section 11(1) & (2) of The Patents Act.

Ownership of Patents

  • Employee Invention: Typically, the employer holds rights to patents created by employees during the course of employment unless otherwise stated.

  • Legal References: See Sections 14 - 15 of The Patents Act.

Application for Patents

  • Process: All applications are made to the Director along with the prescribed fee and required documentation.

  • Key Steps:

    • Submission of a petition for grant.

    • Description of the invention in detail.

    • Specification must fully disclose the invention including claims.

  • Legal References: See Sections 17-28 of The Patents Act.

Filing Date

  • Definition: The earliest date of submission of necessary information for patent registration is the filing date.

  • Legal References: See Section 25(1)-(7).

Duration of Patents

  • Term: Typically, utility patents last a minimum of 20 years from the application date, with annual maintenance fees required.

  • Legal References: See Sections 28(3) and 29 of The Patents Act.

Concurrent Patents

  • Rule: Only the first inventor to file can obtain a patent for a particular invention, regardless of timing of the invention.

Grounds for Opposition to Patent Registration

  • Examples: Wrongful acquisition, public knowledge prior to priority date, insufficient specification.

Rights of Patentee

  • Description: Exclusive rights to prevent third-party exploitation of the patented invention.

Infringement of Patent

  • Definition: Infringement occurs when someone uses or sells a patented invention without permission.

Remedies for Infringement

  • Types of Remedies:

    • Civil remedies include injunctions and claims for damages.

    • Possible criminal liability with penalties for malicious infringement.

Timeframe for Filing an Action

  • An infringement action must be initiated within 5 years from the date of the infringement.