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Patents Rights and Laws in India

Patents Rights And Laws In India :

Innovation plays a key role in the economic development of any nation. IN the recent years, there has been an increase in IPR awareness as well as in the perception to protect one’s innovation in India. This increased awareness has consequently led to a gradual rise in the number of patent applications being filed in India. According to numbers as indicated in the Intellectual Property Annual Report 2018-19, patent filing in India has increased by 5.1% from 2016-17 to 2017-18.

The Chief administrator of the patent system in India is the office of the Controller General of Patents, Designs and Trademarks (‘CGPDTM’) functioning under the aegis of Department of Industrial Policy and Promotion (‘DIPP’), Ministry of Commerce and Industry. The Indian Patent Law is primarily governed by the Patent Act, 1970 which was further amended in the year 2005 and the newly amended Patent Amendment Rules, 2019.

The term patent as defined under the Indian Patent Act 1970, means a patent for any new invention, granted under for a new product or process, involving an inventive step and capable of industrial application.

Inventive step as defined under the act means a feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both, which is not obvious to a person skilled in the art.

A new invention as defined under the act means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.

The Indian laws and rules are continuously being revamped to incorporate provisions which encourage innovation particularly by Start-ups, MSMEs and female entrepreneurs, thereby making the Patenting regime in India conducive and favourable for innovators.

In a nutshell, a patent is an exclusive statutory right granted by the state for an invention that is new, involves an inventive step and is capable of industrial application. A Patent owner is given an exclusive right to prevent others from making, using, selling, offering for sale or importing a process or product(s) in respect of which the patent has been granted.

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