The Patent Act 1970 Important Terms, Eligibility, and Provisions

Patent Act 1970 : Indian Patent Law is governed by The Patents Act 1970; this law grants patents for inventions that meet specific criteria. Specifically, an invention can be a new process, product, or manufactured item. To qualify for a patent, the invention must be new and original, involve an inventive step, and be capable of industrial application. These requirements ensure that only truly innovative and useful inventions receive patent protection. The article will discuss the Patent Act 1960 in detail.

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The Patent Law in India

Important Terms in the Patent Act 1970

• Assignee: Someone who gets rights to a patent from the original owner, even after the owner has died.
• Exclusive License: An agreement where the owner of a patent allows only one person to use it, preventing others from using it.
• Invention: Anything new and useful, like a process, method, machine, or improvement, hasn't been done before.
• Patent: A government-granted right that stops others from using, making, or selling an invention for a certain time. It encourages inventors by giving them exclusive rights to their creations.
• Patent Agent: A person registered under this Act to help with patent matters.
• Patented Article and Process: Something for which a patent is already granted.
• Patentee: The person listed on the patent as its owner.
• Person Interested: Someone researching the same area as the patented invention.
• True and First Inventor: The original creator of an invention, not someone who brought it to India from another place.

The Provisions of the Patent Act 1970

• The Act allows inventors to patent the products they create and their methods or processes. This provides comprehensive protection for innovations across various industries.
• Patents granted under this Act are valid for 20 years from the application date. During this time, the patent holder has the exclusive right to use, manufacture, and sell their invention.
• Unlike some jurisdictions where patents are automatically examined, in India, patent examination occurs only when the applicant requests. This allows inventors to control the timing of the examination process based on their business or strategic needs.
• The Act includes provisions for a fast-track mechanism to expedite the resolution of patent disputes and appeals. This is particularly beneficial for inventors and businesses seeking quicker decisions on patent-related matters.
• It permits both pre-grant and post-grant opposition mechanisms, allowing third parties to challenge the validity of a patent application or an issued patent. This ensures that only genuine inventions meeting patentability criteria are granted protection.
• Recognizing the importance of biodiversity and traditional knowledge, the Act includes provisions to prevent the exploitation of these resources through patent claims.
• Patent applications are published 18 months after filing, making information about new inventions publicly available. This promotes transparency and allows stakeholders to track developments in the field of innovation.

How to Get a Patent in India?

1. Patent Subject : Your invention must be something that can be patented under the law. Sections 3 and 4 of the Patents Act list what cannot be patented.
2. Novelty : Your invention must be new and not publicly known anywhere before you apply for the patent. It should be original and not identical to any existing technology.
3. Inventive Step : Your invention must show an advancement over existing knowledge. It should be clear to someone skilled in the field related to your invention.
4. Industrial Applicability : Your invention must be capable of being used or made in any industry. It should have practical use and not just be theoretical.
5. Patent Disclosure : You must describe your invention clearly in your patent application so that someone skilled in the field can easily understand and replicate it.

The Process of Getting a Patent Registered

• Document the Invention: Write detailed information about the invention, including its field, description, function, and advantages. Gather lab records if applicable.
• Include Diagrams: Provide drawings or sketches that explain the invention clearly.
• Check Patentability: Ensure the invention is patentable and does not fall under non-patentable categories.
• Meet Patent Criteria: Verify that the invention is novel, involves an inventive step, and has industrial applications.
• File a Provisional Application: If the invention is still developing, file a provisional application to secure the filing date and get 12 months to file complete specifications.
• Publish the Application: The application is published 18 months after the filing date. Early publication can be requested with a fee.
• Request for Examination: After the complete specification is filed, request an examination (RFE). A patent examiner reviews the application for patent eligibility criteria.
• Respond to Examination Report: Address objections from the examiner’s report with the help of a patent professional.
• Communication with Controller: Ensure all objections are resolved and establish the novelty and inventive steps of the invention.
• Grant of Patent: Once all requirements are met, the patent is granted and notified in the Patent Journal.