PATENT LAW

PATENT LAW

PATENT LAW

 

 ABSTRACT

In today’s world new technologies emerges daily for securing the technology the inventor should get patent on their invention on their technology. Patent is a term by which the person gets the safe and feel secure by the process of law no one can compete them with the same technology or with the same product in the market. This process was first time seen in Europe in 6th century and later it was seen in 15th century approx. As we know in today’s world there is the scientists and inventors continuous on their research work and invent the new ideas and all, at that the emerging time we need to develop some way by which they don’t lose them. This paper deals with the patent law, and contains the introduction of patent law, history of patent law, types of patent law, process to obtain patent, etc.

INTRODUCTION

The word patent comes from the Latin language word the ‘Lilterae Patent’. In which patent means open and Lilterae patents means ‘Letters patent’ or open letters. The patent is one of the legal rights who provide to any organization or the people to develop any technique or product with their own way and they should take patent on that product or process. If anyone use their same process or produce same product should be punishable under the Intellectual Property Rights. The maximum time period of patent is 20 years. In India there is a patent office in which person or organization should fill the application for the patent on their product or on their process by sending the proper details of the product with the application. In ancient time by the ruler or the government the patent gives on the special rights.

HISTORY OF PATENT LAW

Patent law is good for the person who develop unique product or process to secure the interest of the people the patent rights is good. In ancient time the patent was the governmental document and this document was given publicly so it was considered as always open document. In Europe this type of letter gives in the 6th century. This document was issued for the research on the foreign land or victory on the foreign. Now a days the patent word used for the inventions. First time use of this type of document was seen in 15th century approx. First of all, the patent law was passed by venetian senate on march 14th, 1474. Patent gives the exclusive rights to the inventions. The patent law was spread out very early from Italy to Europe and other countries. Those countries who don’t have the technology they started to gives patent to other countries for the establishment of technology. In England there is no limitations on the patent law, but later the British parliament in 1623 makes new law and made the limitation for maximum 14 years of patent. Which means any person should get patent only for 14 years not more than this time period, but it changes and it is for 20 years. Under American constitution America congress has right to make laws for their science and designs under article 1(8). The congress was making first patent law in 1970. France was making the patent law next year after congress. In the end of 19th century, the mostly countries have their own patent law. In which the patent law of India was also involved.

In India the first patent was making in 1856, and on 25th of February 1856 the governor general gives the permission. This law was rejected in 1857 by making new law, because at that time the before making the patent law it was necessary to take the permission from the queen of the England, whereas India was not taking the permission from the queen of England that’s the reason for dissolving the patent law which was made in 1856. For the encouraged of the new inventions the India get their patent law in 1859. Later this replaced by the Invention & Designs Act, 1888. After that in 1911 Indian Patent & designs act, 1911 introduced. After the Independence the Indian government introduced a patent bill in the parliament in 1967 which was later accepted and known as patent act, 1970. Every country has their own patent law. In simple for patent in every country there is necessary to give application to their inventions. Separately in every country there is difficult to give application. There was some attempt to make this process easy and simple in which first attempt was the International Convention for the Protection of Industrial Property. Whom was adopted in 1883 in Paris.

Types of Patents

There are actually three types of patents

• Utility patent

• Design patent

• Plant patent

Also, we considered these three patents in the form of two patents i.e.

• Product patent

• Process patent

 

Product patent

When the any person or any organization make any product or produced any product, and they get the patent on their product and then no one can make the same product. If some copy the design, packing, name, color, size, taste, etc. of the product they should be liable under the Intellectual property right and also punishable.

Process patent

Process patent related to the new technology. If someone makes any product with new technology or through the new way and they should get patent on that process then no one can use this technique or process for making any product.

HOW TO OBTAIN PATENT

Every country has their own patent office, there is a long process for get patent on your particular product or your process but here we can tell you in brief the process of obtain patent. Firstly, you need to give application to that office for your product or for your process with the detailed information of your product or process on which you want get patent. After that they search on your product and process and if the process not used by anyone before then if the product and process will be reliable than they give patent to you on your product or process.

CONCLUSION

As we all know that the patent is helpful for developing or encouraging the new inventions in the country as well as in the world. By obtaining the patent on their product or process every person try to invent new product or new technique. Due to patent right we easily find the product and differentiate the products in the market and select the good one for the self-consumption or for the self-use. Every country has their own patent office and there is different form of patent according to areas some are for within the country and some are for the all over the world.


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