Patent is a grant for an invention by the Government to the inventor in exchange for
full disclosure of the invention.
A patent is an exclusive right granted by law to applicants /
assignees to make use of and exploit their inventions for a limited period of time (generally
20 years from filing).
The patent holder has the legal right to exclude others from
commercially exploiting his invention for the duration of this period.
In return for exclusive
rights, the applicant is obliged to disclose the invention to the public in a manner that enables
others, skilled in the art, to replicate the invention.
The patent system is designed to balance
the interests of applicants / assignees (exclusive rights) and the interests of society (disclosure
of invention).
Meaning of ‘Invention’ under Patent
Law Sec.2(1)(J) - Invention” means a new product or process involving an inventive step and
capable of industrial application
There are three types of patents:
Utility patents may be granted to anyone who invents or discovers any new and useful
process, machine, article of manufacture, or composition of matter, or any new and useful
improvement thereof;
Design patents may be granted to anyone who invents a new, original, and ornamental
design for an article of manufacture; and
Plant patents may be granted to anyone who invents or discovers and asexually reproduces
any distinct and new variety of plant
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