Author: Nitish, a student at St. Soldier law college, Jalandhar, Punjab
To the point
Intellectual property law have various branches to protect the idea of a human brain. patent law is one of the branch of intellectual property law, established to protect the inventions and promote the innovations and ideas on national and international level. Patent law provides Right to the inventors, to exclude all others from using their idea without permission or assignment.
In a Paris convention, an international exhibition was held in 1873 at Viennal. There was hinder in participate because many foreign people were not willing to exhibit their inventions at the exhibition because there was no any legal protection for their inventions. For this purpose a conference was convened in Paris in 1883 and give the protection to the inventions on the international level.
Patent law secure the creator’s innovation and give them safeguard for their research and development, so the inventors can work on their inventions freely and secured
Use of legal jargon:
The patent law is based on the doctrine of “quid pro quo”, t is a legal maxim that signifies a exchange of ” something for something”. Also ensures that inventors are granted exclusive proprietary rights over their inventions and exploit their creations for commercial purpose for the period of 20 year. The framework not only gives protection to the creation but also promote to innovate new ideas without hindrance. Under the patent act, 1970, Inventers are granted by the right to exclude others from the use of that property for any means. The prima facie validity of patent plays a crucial role in promoting inventions by providing legal certainty.
The proof:
The patent act, 1970 provides the protection to the inventions through its statutes. Own creation of idea can be patented, not any discovery. There are such factors of patent law, which promotes the inventions:
By granting exclusive rights to inventors, so they can work freely on research and development.
By reducing the risk of stealing by other.
By granting licence to inventors for their inventions.
By international harmonization through TRIPS, so the invention can be protected on the international level.
Abstract:
Patent law plays pivotal role to promote the innovations through protect the inventions of the inventors. This article provides the comprehensive information to find out that how patent law play its role in the development and promotion of inventions or highlighting the factors on which the inventions promoted. Inventors get patent their invention so no other can steal their idea and they can freely work on the development and research of the invention. It exclude all others to have any right on the invention, other than the inventor. The inventors can transfer the right to another person through assignment, by their own will. Furthermore, TRIPS enables to protect the invention world wide.
Case law:
Biswanath Prasad Radhey Shyam v. Hindustan metal industries (1979):
The honourable supreme court passed the decree while highlighting the patent’s significance for the inventors, promoting the technological advancement. The case emphasize the fact that patents encourage inventions by give them safeguard on the rights of inventors. The inventors get ease for the commercial exploitation of the inventions and can get the benefit of it. Advantaged Highlighted: the patent law is a kind of encouragement of the innovation and commercial exploitation of inventions.
Novartis AG v. Union of India (2013):
In a case of Novartis AG v. union of India, the honourable supreme court dismissed the appeal, holding that the beta-crystalline form of imatinib mesylate can’t be patent under Indian patent act, 1970. And court stated that patents should be granted only for genuine development (for the welfare of the society and commercial benefits to the inventors), not for the minor modifications of the inventions which are already exist.
Diamond v. Chakrabarty (1980):
This land mark judgment of US supreme court offers multiple angles, that highlighted the benefits of patent. The US court ruling in Diamond v. Chakrabarty is that genetically engineered microorganism should be legally protected. The landmark case paved the way of modern innovations like biotechnology. It established that human capability of transforming the natural material into something “new and useful” deserved to be protected legally.
Monsanto technology LLC v. Nuziveedu Seeds ltd (2019):
The court held that, how patent protection promotes innovations in agricultural and biotechnology through insuring the rights of the inventors. This case highlighted that how patent promote advancement in specific fields like biotechnology etc. the honourable supreme court ruling that patent provide the inventors protected environment to work on development and advancements in the specified field.
Conclusion:
in light of this information, patent law plays pivotal role to promote and protect the inventions. the principal of “quid pro quo” enables the inventors to safely publicise their invention for the commercial benefits without any risk to be copied. Patent law promote the inventions by providing the licence to patent holder to enjoy the rights on his invention freely, so the patented invention have less chances to be stolen. By harmonizing through TRIPS, inventions can be patented on the international level in the member countries.In sum, patent law does not provide only shield to the inventions but it also encourages for progress of the innovations, not only in country but also on the international level harmonising through TRIPS, ensuring the prudent environment for the creativity and innovations.
FAQS:
What is the role of patent licencing in promoting innovation?
Patent law promote the innovation by giving the protection to the inventions and allow them to earn the royalties upon it. Licensing allow patent holder to share their technology and make the commercial exploitation.
Which international treaty support patent law?
Patent law is harmonized by the international treaties like TRIPS (Trade-Related aspects of international property rights) which plays pivotal role to provide the protection on international level.
Is there any challenge to promote the innovation through patent?
there no as such major challenges to promote the innovations but there are some minor are, there is a complex application process and there is a unnecessary litigation.
What is the duration of patent protection?
There are some major kinds of patents, which have different durations in different countries:
In utility patent, the time duration is 20 years from the filing date of the application.
In Design patent, the time of duration in US Is 15 years and in other countries is 25 years from the filing of the application.
In plant patent, the time of duration is 20 years from the date of filing the application.
Can I patent my idea internationally?
yes, we can patent our idea on international level through PCT(patent corporation treaty) and TRIPS ( trade- related aspects of international property right).
