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What is a Patent?
- A patent is a type of intellectual property right that grants inventors exclusive rights to their inventions, allowing them to prevent others from making, using, selling, or distributing the invention without permission for a certain period of time.
Patent Regime in India
- The governance of patents in India is under the Patents Act, 1970. This act sets out the framework for filing, granting, and enforcing patents within the country.
Criteria for Patent Grant
For an invention to be patentable in India, it must meet the following criteria:
- Novelty: The invention must be new and not known to the public before the date of the patent application.
- Inventive Step/Non-Obviousness: The invention must involve an inventive step that is not obvious to a person skilled in the field.
- Industrial Application: The invention must be capable of being used or applied in an industry.
- The invention should not fall under the non-patentable categories as specified by the Act.
Patents Rules 2024: Key Provisions
- Certificate of Inventorship: Acknowledges inventors’ contributions, enhancing recognition.
- Reduction in Time Frame: Time to provide foreign application filing details in Form 8 reduced to three months from the issuance of the first examination report.
- Decreased Time Restriction for Inspection: Request for inspection filing time reduced to 31 months from the date of priority or the application date.
- Extension in Time Limit: Allows extension up to six months upon request for performing any act/action in a regulated manner.
- Reduction in Renewal Fees: 10% reduction for advance electronic payment for at least four years.
- Reduced Frequency of Filing Patents: Form 27 filings now required every three fiscal years instead of annually, with a three-month filing extension upon request.
- Streamlining of Pre-Grant Representation: Clarifies the procedure for filing and disposing of pre-grant opposition under section 25(1), including disposal methods and filing fees.
Why in News:
- Recently, the Patents Rules 2024 has been notified by the government.
