PATENT
- A patent
is a legal monopoly exclusive right granted by statute of a country
- It will
grant for a limited time to the owner of an invention over a new and
useful invention that involves inventive step.
- The
patentee or his agent or licensees has the exclusive right to use and have
the benefits of patented invention.
- It excludes
others from manufacturing, using, importing or selling the patented
invention.
- Period
during which the owner enjoys the benefits is called term of the patent.
- Registration is a prerequisite for patent protection and the
protection granted is territorial in nature i.e., patent granted in a
country will give the owner of the patent right only within that country.
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INVENTIONS PATENTABLE
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- Art, Process, Method or Manner of manufacture;
- Machine, Apparatus or other Articles;
- Substances produced by Manufacturing
- Computer Software which has Technical application to Industry or is used with Hardware
- Product Patent for Food / Chemical / Medicines or Drugs
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INVENTIONS NOT PATENTABLE
- Frivolous or obvious inventions.
- Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.
- Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature
- Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.
- Producing a new substance by mere admixtures of substances.
- Mere arrangement / rearrangement or duplication of known devices functioning independently.
- Method of agriculture and horticulture
- Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.
- The biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).
- A mathematical or business method or algorithms.
- A Computer Programme per se other than its technical application to industry or a combination with hardware.
- Aesthetic creation including cinematography and television production.
- Method for performing mental act or playing game.
- Presentation of information.
- Topography of Integrated Circuits.
- Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.
- Inventions relating to Atomic Energy.
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Posted in: INDIAN PATENT SYSYTEM
