A patent is an exclusive right over an invention awarded if the invention is found to be new, novel, contains inventive step and has industrial applicability.
It prevent others from making, selling, distributing, importing or using the invention, without license or authorization, for a fixed period of time.
It is governed by The Patents Act, 1970
The registration for a grant of patent is compulsory with the Office of the Controller General of Patents
The right is territorial in nature ,therefore an application must be made to each country individually where one wishes to secure the patent rights.
A provisional application can be made 12 months prior to filing a complete specification.
The validity of a patent is for 20 years from the date of application , and unlike trademarks they cannot be renewed after that.
However, an application to the Controller for compulsory license for the patent may be made by any person interested after the expiry of three years from the date of grant of the patent on the following grounds:
1. That the reasonable requirements of public with respect to the patented invention have not been satisfied, or
2. That the patented invention is not available to the public at reasonably affordable price, or
3. That the patented invention is not worked in the territory of Such an application may also be made by the licensee.