if Patents are not renewed within 6 month
of expiry of concerned year by paying
renewal fee it becomes
Select one:
O a. Property of the state government
O b. Property of the central government
O c. Property of municipal authorities
O d. Public property
Answers
Answer:
1. What is a Patent?
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by
the Government, in exchange of full disclosure of his invention for excluding others, from making,
using, selling, importing the patented product or process for producing that product for those
purposes without his consent.
2. What is the term of a patent in the Indian system?
The term of every patent granted is 20 years from the date of filing of application. However, for
application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent
will be 20 years from the international filing date accorded under PCT.
3. Which Act governs the patent system in India?
The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the
Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly
amended in consonance with the changing environment, most recent being in 2016.
4. Does Indian Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of
India. There is no concept of global patent.
However, filing an application in India enables the applicant to file a corresponding application for
same invention in convention countries or under PCT, within or before expiry of twelve months from
the filing date in India. Patents should be obtained in each country where the applicant requires
protection of his invention.
5. What can be patented?
An invention relating either to a product or process that is new, involving inventive step and capable
of industrial application can be patented. However, it must not fall into the categories of inventions
that are non- patentable under sections 3 and 4 of the Act.
6. What are the criteria of patentability?
An invention is patentable subject matter if it meets the following criteria –
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
Explanation: