1 General “The works of founders of states, law givers tyrant destroyers and heroes cover but narrow spaces, and endure but for a little time, while the work of the inventor though of less pomp is felt everywhere and lasts forever”. (Francis Bacon, quoted in mainly on Patents, Ed. 1972 at page 1, edited by Felix Liebesny, Butterworths). The law of patents in India is governed by the Patents Act 1970 as amended by the Patents (Amendment) Act 1999. A bill named Patents (Second Amendment) Bill 1999 which had proposed substantial changes in the law was introduced in the Parliament in December 1999, and was passed as the Patents (Amendment) Act 2002. This Act was further amended by the Patents (Amendment) Act 2005. The salient features of this Act are included at Chapter 15 of this book. 2 Whatis a patent A patent is a exclusive right granted toa person who has invented anew and useful article or an improvement of an existing article ora new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent, anybody can make use of the invention. W Scanned with CamScannerThe concept of patent and its essential ingredients like novey 2 inventive step, lack of obviousness and sufficiency of descriptio” : have remained the same ever since it was conceived over fod hundred years ago. (See Mainly on Patents (supra)). ty A patent is a form of industrial property or as it is NOW calle, intellectual property. The owner of the patent can Sell this property. He can also grant licences to others to exploit the patent. The property in a patent is similar in many respects to other forms of property. A patent being a creation of statute is ter patent granted in one state cannot be enfor unless the invention concerned is also pat A patent is not granted for an idea or for some article or the process of making the idea. 3 Object of patent law The object of granting a patent is to encourage and develop new technology and industry. An inventor may disclose the new invention only ifhe is rewarded; otherwise he may workitsecretly, In consideration of the grant of monopoly for a limited period, the inventor discloses the details of the new invention and the method of working it so that after the expiry of monopoly period others can use the invention or improve upon it. Thus “the theory upon which the patent system is based is that the opportunity of acquiring exclusive rights in an invention stimulates technical progress in four ways: first, that itencourages research and invention; second, that it induces an inventor to disclose his discoveries instead of keeping them asa trade secret, third, that it offers a reward for the expenses of developing inventions to the stage at which they are commercially practicable; and fourth, that it provides an inducement to invest capital in new lines of production which might not appear profitable if many Competing producers embarked on them simul-taneously. Manufacturers would not be Prepared to develop and produce important machinery if others could get the results of their work with impunity”. The considerations whi: quo for the grant of a pate Titorial in extent. A ced in another State | ented in that state. _ principle as such, bur some article applying ch are said to constitute the quid pro nt monopoly are: (1) the working of the invention within the country so as to result in t establishment in the country of a new industry oF ay improvement of an existing industry which would profitably Scanned with CamScannerValue of patent syst 13 employ the labour and capital of the countr1 i the national wealth, and (2) disclosure te ana public cane invention and the manner of its working so that on the score the life ofthe patent the publicare enabled to work the inna themselves and in competition with each other. The term of patent grantin India was 14 years except for food and drug patents for which the term was five years from the date of sealing or seven years from the date of patent (whichever is shorter). In almost all other countries at present the term of patent for all inventions varies from 16 to 20 years. By the Patents (Amendment) Act 2002 it increases the term to 20 years. ‘Today inventions ofnew products or new processes particularly in the field of medicine, in general, involves the collective effort of many highly skilled professionals and expenditure of considerable amount of money and time which only big corporations and institutions can afford. Besides, the manufacture of the article or product on a commercial scale requires further effort and money. Accordingly under modern conditions only big corporations or institutions can afford to engage in research and development of new products or processes. Further, even if an individual research scientist or technologist invents a new product or process he will have seldom the financial resources for developing the invention for commercial use and fighting against infringement of the patent by competitors. Thus it may be seen that almost all the major patents relating to new useful inventions, particularly in the medical field, are held by big transnational corporations. Scanned with CamScanner