Authors: G. Kanimozhi
DOI Link: https://doi.org/10.22214/ijraset.2023.50747
Certificate: View Certificate
Intellect is the name for brain – created things. These inventions are referred to as property since they have a high commercial value. Patent can be used to protect inventions as intellectual property if they are new, non-obvious, practical, and enable. In general, the patent holder has the sole authority to forbid or stop others from making use of the protected innovation for commercial purposes. In other words, patent protection prevents anyone from using, distribution importing, or selling the innovation for profit without the patent owner’s permission. Use Indian’s intellectual property protection rules if you generate any type of intellectual property. This is to prevent theft or unauthorized usage of your property. Is your intellectual property product of an invention or innovation? It’s important to comprehend all of India’s patent protection regulations. An agreement between the inventor and the government is what is referred to as a patent. Excluding others from producing, selling, offering to sell, licensing, and improperly exploiting any of the rights granted to the patent owner is a monopoly privilege. A products or a procedure is given patent protection. Patent are territorial in nature since they are protected by a national government. Only in the nation in which the patent is protected are patent rights enforceable. There is no such things as a “global patent” that is valid everywhere. The length of a patent’s protection varies depending on the nation, although it typically lasts 20 years from the date of filing. Patents are not awarded so that an inventor or applicant can gain from monopoly rights, but rather so that the innovation can benefit the public and advance the field of research and development.
I. INTRODUCTION
Patent rights in India are protected under the Indian patent Act, 1970. The Act provides for the grant of patents for inventions that are novel, non- obvious, and industrially applicable. Once granted, a patent provides the inventor with the exclusive right to prevent others from making, using, selling, or importing the patented invention for a certain period of time. To obtain patent protection in India, an application must be filed with the Indian patent office, which has offices in four cities: Delhi, Mumbai, Chennai, and Kolkata. The application must contain a complete description of the invention and the claims that define the scope of the patent protection sought. The Indian patents act provides for both substantive and procedural examinations of patent applications. During the substantive examination, the patent office examines the application to determine if the invention meets the requirements of novelty, non-obviousness, and industrial applicability. If the patent office finds the application to be in order, a patent is granted. Once a patent is granted, the patent owner has the exclusive right to prevent others from making, using, selling, or importing the patented invention. If someone infringes on the patent, the patent owner can take legal action to stop the infringement and seek damages for any losses suffered. Overall, the Indian patent system provides strong protection for patent system provides strong protection for patent rights, and the India government has taken steps to improve the system in recent years. However, there are still challenges that patent owners may face, such as long processing times and a backlog of pending applications.
II. PATENT PRODECTION IN INDIA
Patent protection in India governed by the patent Act, 1970 and the patents rules, 2003. The Indian patent office (IPO) is responsible for granting patents in India. Under the Indian patent system, a patent is granted to an invention for a new and use full invention, which has novelty, non – obviousness, and industrial applicability. The term of a patent in India is 20 years from the date of filing of the patent application, subject to payment of annual renewal fees.In order to obtain a patent in India, an inventor must file a patent application with the IPO. The application should contain a complete specification, which provides a full and detailed description of the invention, alone with any drawings and claims. The IPO will examine the application and determine whether the invention meets the requirements for patentability under the patents Act. It is important to note that India has certain restriction on patentability, particularly in the areas of pharmaceuticals and software. India has also implemented provisions for compulsory licensing of patents, which allows the government to allow third parties to produce and sell a patented invention in certain circumstances, such as for public health reasons. It is important for inventors to be aware of the restrictions and limitations of the Indian patent system when seeking patent protection.
Procedural aspect for registration of patent protection in India:
To obtain patent protection in India, an inventor or their authorize representative needs to file a patent application with the Indian patent office (IPO). Here are the steps involved in the process:
III. RIGHTS OF PATENTEE
A patentee is a person who is listed in patent register as the current grantee or proprietor of a patent. The term” patentee” refers to the individual to whom the patent has been granted. The patentee has the same rights to exploit the asset or invention as the owner of any movable property.
A. Right Of Patentee Under Section 48
Because the patent is for a product, it gives the patentee the only authority to stop other parties from manufacturing, using offering for sale, selling, or importing the product into India for those purposes without the patentee’s permission
A method is the subject of a patent, giving the patentee the exclusive right to stop third parties from using, offering for sale, selling, or importing the process for those purposes without the patentee’s approval.
B. The Following Are The Elaborated Patentee Rights In India
The right of a patentee refers to the exclusive legal rights granted to the owner of a patent. These rights allow the patent holder to prevent others from making, using, selling, or importing an invention without their permission for a certain period, usually 20 years from the date of filing the patent application.
The rights of a patentee includes:
Overall, the rights of a patentee are designed to protect their invention and provide them with an opportunity to benefit from their innovation.
C. Infringement Of Patent Right In India
In India, the infringement of patent rights is governed by the patents Act, 1970. According to the Act, a patentee has the exclusive right to prevent others from making, using, selling, importing, or offering for sale the patented invention without their permission. If someone engages in any of these activities without the permission of the patentee, they may be liable for patent infringement.
The following actions may constitute patent infringement in India:
If a patentee believes that their patent rights have been infringed upon, they can take legal action against the infringer. The remedies available to a patentee in India include an injunction, a damages, and an account of profits. The patentee can also seek an order for the delivery or destruction of the infringing goods.
D. Remidies Of Patent Right In India
In India, remedies for patent infringement are provide under the patents act, 1970. The following are the available remedies:
It is important to note that the remedies available to note that the remedies available for patent infringement in India may vary based on the specific circumstances of each case. It is advisable to consult with a legal professional for advice on the most appropriate course of action.
IV. MATHODOLOGY AND LIMITATION
The author of this paper is adopted methods to seek information through secondary sources and found certain data from the primary sources which are reflected in the existed secondary sources. The limitations of the study are those are infringed the invention from the product should be protecting and methodology is the effect of patent is gives the owner the right to prevent other from using is the result of study.
India has a comprehensive legal frame work in place for the protection of patent rights, with the patents act, 1970 serving as the primary legislation governing patents in the country. The act provides for the grant of exclusive rights to inventors for their inventions, subject to certain conditions and limitations Additionally, India is also a signatory to various international treaties and agreements related to patent rights, such as the TRIPS agreement, which further strengthens the legal protection of patents in the country. However, there have been concerns about the effectiveness of the patent system in India, particularly in terms of the time taken for patent examination and the enforcement of patent rights. There have also been debates about the balance between patent rights and publication interest, especially in the areas of pharmaceuticals and health. Overall, while India has made significant progress in strengthening its patent system, there is still scope for improvement in areas such as streaming the patent examination process and providing great clarity on the scope of patent rights.
[1] DR.S.R.MYNENI, Law of intellectual property 8th edition 2017. [2] Narayana, intellectual property law, 3rd edition 2018. [3] https:// www.wipo.int. [4] https:// vakilsearch.com>blog>. [5] https://www.ncbi.nlm.nih.gov>pmc. [6] https://quickbooks.intuit.com>. [7] https:// www.patentregistration.co.in>.
Copyright © 2023 G. Kanimozhi. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Paper Id : IJRASET50747
Publish Date : 2023-04-21
ISSN : 2321-9653
Publisher Name : IJRASET
DOI Link : Click Here