Patent Rights Over His Invention example essay topic

What is a patent? "A patent is defined as a monopoly right granted to a person who has invented a new and useful article or an improvement of an existing article or a new process of making an article". A patent does not give the inventor the right to use the invention. (The inventor of a new kind of nuclear bomb will not have the right to use it; similarly, a prior patent may block the inventor's use.) A patent gives the inventor only the right to prevent others from making, using, selling, offering, or importing the subject matter claimed in the patent. The patent in the law, becomes the property of the inventor and it can be given away, inherited, sold, licensed and can even be abandoned. The right subsists only for a limited period and at the expiry of the period, any person can make use of the invention.

A patent is not granted for a mere idea or principle, but for some article or the process of making an article applying the idea. Patent rights are territorial; Indian Patent will give the holder rights within India only and the right to stop others from importing the patented products into India. Need for a patent Inventions are built on ideas, followed by great deal of handwork in terms of study, research, and experimentation, review before the invention takes its proper form. It is necessary to patent the invention so that no one copies it without benefit to the inventor. By patenting one enjoys the exclusive rights over the invention. If the inventor does not get the patent rights over his invention and introduce his product / process based on his invention in the market, any body can copy his invention and exploits it commercially.

To debar others from using, selling or working out his invention, the inventor must go for getting a patent working out his invention, the inventor must go for getting a patent. Government promotes patenting to encourage innovation and investment in the research and development activities so that there is economic, industrial and technological development in the country. History of Patent The first organized system of patents developed in Renaissance Italy. 'Emigr'e Venetian glass blowers spread the system through Europe, to protect their skills against those local workers. The first recorded patent of invention was granted to one John of Utynam.

In 1449, he was awarded a 20-year monopoly for a glass-making process previously unknown in England. In India, the first legislative enactment of patents was the Act VI of 1856. Types of Patents The various types of patents are given and explained below. Process Patents: Process patents give the right to the method / process of manufacturing the product. Hence, the means to end are protected. A process patent prohibits any person or organization, except the patentee, to make the same product using the same process.

However, some other process may be used to produce the same product. Product Patents: Product patents give the right to the product itself. Here the end itself is protected. A product patent prohibits any other person or organization to manufacture the patented product by any means. Design Patents: Design patents are granted to any person or organization that invents a new, original and ornamental design for an article of manufacture. Business and administrative method Patents: Business Method patents are granted to a company for coming out with a new business process or a new way of conducting one's own business.

Software Patents: The European Patent Office has recently started recognizing software programs as a patentable product. India, though, does not recognize software patents as yet. At present, India has a patent law, which recognizes both products as well as process patents. However, for certain commodities such as food, medicine, drug, chemical substances (e.g. alloys, optical glass, semiconductors etc.) only process patent is recognized by the law with certain exceptions.