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ASSIGNMENT ON :- Patent : meaning, Rights of Patentee, Infringements SESSION :- 2022- SUBJECT :- Intellectual Property Rights CLASS :- BBA.LLB. VIII SEM Submitted By:- KANISHK BANSAL SUBMITTED TO :- SHRINKHALA Ma’aM
I hereby declare that the project work entitled “Patent : meaning, Rights of Patentee, Infringements” submitted to the Prestige Department of Law, is a record of an original work done by me under the guidance of miss Shrinkhala Swaroop ma’am, and this project work is submitted in the parital fulfillment of the requirements for the semester completion. The results embodied in this assignment have not been submitted to any other University or Institute. By Kanishk Bansal INTRODUCTION
Intellectual property (IP) is a term referring to creation of the intellect (the term used in studies of the human mind) for which a monopoly (from greek word monos means single polein to sell) is assigned to designated owners by law. Some common types of intellectual property rights (IPR), in some foreign countries intellectual property rights is referred to as industrial property, copyright, patent and trademarks, trade secrets all these cover music, literature and other artistic works, discoveries and inventions and words, phrases, symbols and designs. Intellectual Property Rights are themselves a form of property called intangible property. Although many of the legal principles governing IP and IPR have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used and not until the late 20th century that it became commonplace in the majority of the world. Types of Intellectual Property The term intellectual property is usually thought of as comprising four separate legal fields: Trademarks Copyrights Patents Trade secrets
What is a Patent?
noted that India does not offer utility patents currently. As an Indian innovator looking to file a utility patent, you can apply for utility patents in countries such as Australia, UAE, China, Germany, France and several other countries in the European Union.
An invention must satisfy the following three conditions of: (i) Novelty (ii) Inventiveness (iii) Usefulness
where prior art means everything that has been published, presented or otherwise disclosed to the public on the date of patent (The prior art includes documents in foreign languages disclosed in any format in any country of the world). For an invention to be judged as novel, the disclosed information should not be available in the 'prior art. This means that there should not be any prior disclosure of any information contained in the application for patent (anywhere in the public domain, either written or in any other form, or in any language) before the date on which the application is first filed i.e. the 'priority date'.
step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application. The prior art should not point towards the invention implying that the practitioner of the subject matter could not have thought about the invention prior to filing of the patent application. Inventiveness cannot be decided on the material contained in unpublished patents. The complexity or the simplicity of an inventive step does not have any bearing on the grant of a patent. In other words a very simple invention can qualify for a patent. If there is an inventive step between the proposed patent and the prior art at that point of time, then an invention has taken place.
patent can be granted for an invention devoid of utility. RIGHTS OF THE PATENTEE :-
Astra Zeneca filed a petition to quash a para from the order given by the Controller of Patents with respect to its patent relating to the compound DAPAGLIFLOZIN, which is used for treatment of diabetes. The relevant para 10 reads as follows: “10.With respect to the contention of the representor wherein that there has been no publication of the grant of patent u/s 43(2) in Office Journal dated 31/07/2009, I submit that there appears to be an inadvertent error wherein the grant of the said patent was not published. I hereby order that this may be rectified immediately. The concerned division in the Patent Office to publish the grant of the patent u/s 43(2) within 15 days from the date of this order. And all rights and contention of any party pursuant to grant and notification of grant will be governed under the law.” The Court stayed the operation of the para considering the fact that publishing the patent after 11 years, especially after the patent grant was updated on the patent office’s website may not be reasonable to Astra Zeneca unless the case and its nuances are reviewed comprehensively. It therefore posted the case for further hearing. Allowing the patent to be published would have opened the gates for post grant oppositions, which would have proved to be detrimental to the interests of Astra Zeneca.
CONCLUSION Patent is one of the intangible forms of property under Intellectual Property. The grant of patents must follow the tests of novelty, non-obviousness and utility, only then the patent can be granted to the true and first inventor of the patent. The inventions need to be incredibly new and novel. Moreover, the invention needs to be capable of being industrial application and it must be useful to the general public at reasonable and affordable price. To accomplish the purpose of the said act, the provision of compulsory license is established so as to curb the monopoly of the patent owner. Patents are only granted to the person who has invented the thing for the purposeful use of the general. The newness and novelty also needs to be included in the invention to get patented. The various case laws have been decided by the court so as to meet the criteria of the invention to get patented. This statutory act is conclusive and includes each and every aspect of invention needs to get patented. The Patents Act, 1970 bars the ever greening of the patent inventions. This is one of the major features of this act. Also prohibits certain inventions under section 3 of the said act. The medicines and drugs are granted patents very rarely in India. The invention should contain an inventive step also. If all these requisites are accomplished only then the patent can be granted under Indian Patents Act,
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