Basics of Patent- Learning series-1
Monday, September 13, 2010 - 15:22
Hello friends, Through the medium of this blog i am trying to spread awareness for the IPR, specifically patent subject. Now onwards, i will post basic of patents learning topics, so everyone can enjoy the understanding of subject with easy language. Basic of Patent A patent is a form of intellectual property right. Other forms of intellectual property rights are trademark, copyright, design and geographical indications. A patent is exclusive right granted to a person for an invention, which is a product or a process that is, 1)New (Means it was not available prior to public in any form ie article, patent, audio, video or any means) 2)Non obvious or Involves an inventive steps (Means the invention should not be obvious to any skilled person of that particular field of technology. If you are a master in pharmacy then you can easily predict the solution of preventing capping during tablet compression) 3)Has an industrial application (Means the invention should have ability that it can be produced in the industry with repeatedly) Patent provides protection for limited period: Generally the patent term is 20 years from date of filing. After the patent term is over, patent is said to be expired and available to public domain to use it freely. Only one patent is granted for one invention. All patent covers only one invention or the group of inventions which ultimately relate to a single invention. If you apply for patent covering two inventions, patent office will raise the objection and suggest you to divide your application in to two separate applications. There is NO such thing as an international patent. Some people use word like international patent, but there is nothing like that at all. People misinterpret the PCT application (WO application) as world patent or international patent. Wipo or PCT (Patent cooperation Treaty) just act as a intermediate for applicant of patent and multiple country's patent office. PCT only accept our application and perform search and provide you the patentability report. Based on that report you can decide your future filing in different countries. PCT will not grant any patent.