What are Patent rights?
Patent can be referred to a monopoly right conferred on an inventor to exploit his invention for a certain period of time. During the specified period, the patent holder has the exclusive right to commercialize the invention. In India, patent rights are given to the inventor for a term of 20 years, after which the invention enters the public domain and any individual can commercialize the same. According to Section 2(1) (m) of the Patents Act, 1970 “patent” means a patent for any invention granted under this Act. In the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries[1], Justice Sarkaria observed that the important purpose of patent law is to encourage scientific research, new technology and industrial progress.
Can ideas be patented?
An idea in itself cannot be patented. However an idea when converted into an invention which is new, involves an inventive step, not falling into the category not patentable under the law and is capable of industrial application, then it can be patented. In the case of Hickton’s Patent Syndicate v. Patents &Machine Improvements[2] it was held that if there is an invention in the idea plus it is carried out then it is a good subject-matter for Patent rights.
The Patents Act, 1970 does not expressly mention that ideas can or cannot be patented. The difference between idea and invention is very thin because every invention or technological process emerges and develops from an idea of the inventor. Therefore an idea that is capable of being performed practically and is unique, novel, non obvious to qualified experts, industrially useful can be patented under the Patents Act, 1970.
Therefore, it is clear that an existing invention or creation cannot be patented because the invention is not the original or unique work of the person claiming to file the invention nor is it new. Uniqueness of an invention is an important attribute necessary to patent a new product or technological process.
Prior Art search:
In order to prevent same or already existing inventions from being patented a “Prior Art search” is conducted. It is conducted during the early stage of an innovation, i.e. when an idea is being developed. The prior art search is a pre-requisite for filing a patent. Inventors are not duty bound to conduct a prior art search. However, it is mostly recommended they conduct a prior art search before filing a patent application. It refers to detecting any similar information available in the public domain concerning a particular idea.
The main aspects that are targeted in a patent search are to provide opinions on Novelty/Uniqueness, Inventive Step and Industrial Applicability of the invention. The information sought may include bibliographic data about the inventor and patent applicant or patent holder, a description of the claimed invention and related developments in the field of technology, and a list of claims indicating the scope of patent protection sought by the applicant. Patent holders have to disclose such information in order to prevent repetitive inventions and also for the continuous development of the technology. Prior art search prevents spending huge amounts of money, time and skill on researching and development of an existing idea.
Patentability searches or Prior Art Search have no date constraints on prior art, in other words any form of relevant reference which is found, in the present or even if it dates back to historical information, is still subject of an anticipatory document and shall be novelty hitting.
Prior art searches are carried out in various specially designed search tools and databases including USPTO (United States Patent and Trademark Office), EPO (European Patent Office) and WIPO (World Intellectual Property Organisation). These well structured databases provide inexpensive access to tools to gain information on patented products or inventions.
According to WIPO, patent information can be searched by using
– Multiple search tools and databases to conduct prior art search.
– A wide variety of Keywords for the search.
– Become familiar with International Patent classification systems.
– Dates including application date, publication date, priority date, grant date and so on.
– Patent reference or identification numbers are helpful in the search.
– Names of applicants or assignees
Benefits of Prior Art searching:
1. Firstly, the prior art search helps in determining whether an invention is patentable.
2.Prior art search helps one in estimating the scope of patent protection. If the prior art search detects an existing art similar to the applicant’s idea, then the scope of its protection would be limited.
3. The search engine helps in exposing the most similar inventions. Hence the benefit of uniqueness is available to the invention.
4. The search results allow the researcher or inventor to allocate time, skill and funds for the idea or research.
5. Patent search lays down the foundation for the entire patent process and mitigates unnecessary expenditures on time and money on an idea or innovation.
6. If prior art is close to the invention, then areas that are patentable in spite of that prior art can be emphasized in the patent application.
7. The patent search determines the value of an inventor’s idea when patented.
8. It is a cost effective method to gain patent information.
9. It helps in exploring fields not patented before and enhancing innovation helpful for the society.
How does Intepat help in this?
Prior art search processes are complicated and extremely difficult for a novice person. It is a technical area which requires help from IP Companies. Hence the Intepat team which provides professional “Intellectual Property Services” with the aim of providing the best suitable services for its clients is the appropriate forum to help laymen in patent searching and hence filing patent for unique, novel and valuable inventions of individuals. At Intepat, patent information is gathered through subscribed patent databases. A detailed analysis on the same along with the opinions of the experts is provided to the clients. For more information please contact us.
[1] (1979) 2 SCC 511, p 517
[2] (1909)26 RPC 339,p 348
