Patent, Patent vs. Trademark, Criteria for issuing Patents

Patent

• A patent is an intellectual property right.
• A patent is an exclusive right granted for an invention, which is a new product or process that meets conditions of
  • novelty,
  • non-obviousness, &
  • industrial use.
• A patent provides the owner with the right to decide how – or whether – the invention can be used by others.

Criteria for issuing Patents in India

1. Novelty: it should be new (not published earlier + no prior Public Knowledge/ Public Use in India)
2. Non obviousness: It must involve an inventive step (technical advanced in comparison to existing knowledge + non‐obvious to a person skilled in the relevant field of technology)
3. Industrial use: It should be capable of Industrial application

• Patents in India are governed by “The patent Act 1970” which was amended in 2005 to make it compliant with TRIPS.

What cannot be patented?

• Frivolous Invention: Invention that harms public order/Morality/ health of animals, plants & humans
• Methods of agriculture or horticulture
• Traditional Knowledge
• Computer Program
• Inventions related to Atomic Energy
• Plants & Animals
• Mere discovery of scientific principle

Patent (Amendment) Rules, 2020

• The central government has published an amended Patent (Amendment) Rules, 2020.
• The new rules have amended the format of a disclosure statement that patentees & licensees are required to annually submit to the Patent Office.
• The format contains disclosing the extent to which they have commercially worked or made the patented inventions available to the public in the country.
• The disclosure is to be made in the Form 27 format as prescribed under the Patent Rules, 2003.
• The patentees & licensees as well as the Patent Office have blatantly disregarded this statutory requirement.
• There has been significant pressure from MNCs & the U.S. to do away with this requirement.

Criticism of Patent (Amendment) Rules, 2020

• The amendment has significantly weakened the requirement of submitting information in the disclosure.
• This could hamper the effectiveness of India’s compulsory licensing regime which depends on full disclosure of patent working information.
• This in turn could hinder access to vital inventions including life-saving medicines.