Patent Registration
A Patent Registration provides an individual, or a firm, the intellectual property rights of that invention. In India, for an invention to be eligible for a patent, it must be unique and must fulfil the eligibility criteria mentioned in the Patent Act, 1970 and the Patent Rules, 1972.
A copyright can be registered for both published and unpublished works, and it is binding for the entire lifetime of the author.
What can be patented?
According to the governing authority, the Patent Act 1970, an invention is patentable when it meets the following criteria:
Patentable: The invention should not fall in the non-patentable list, as issued in section 3 and 4 of the governing Act.
Innovative: The invention of a certain field should not be obvious to the specialists of that field. It should be original; technologically and commercially beneficial.
Novelty: The patentable subject should not be publicly used or published anywhere.
Industrially Beneficial: At last, it should be practically beneficial and serviceable for the industry.
Who can file a Patent Application?
- Any of the following persons, individually or collectively, can apply for a Patent:
- The original inventor,
- The original inventor's assignee,
- In case of the death of the original inventor or his/her assignee, their legal representative can also apply for a Patent.
The Patent Act specifies that the word "persons" may also pertain to companies, legal firms, associations or any group of individuals. Further, an assignee could also be a Section 8 company, association, LLP, Government or an educational institute.
It should be noted here that an original inventor doesn't signify an importer or exporter of that invention.
Advantages of Patent Registration
It secures the credibility of the inventor.
A Patent is a legally recognized form of property which can be licensed or sold.
It reduces competition by providing exclusive ownership to the inventor.
A Patented invention easily generates revenue and raises capital for the business by charging premium, selling or licensing the invention.