A patent is a legal document that is granted to an inventor by the patent office to protect the subject

matter seeking protection. Simply put, a patent is an exclusive right conferred by the Government on an
inventor to prevent others from exploiting the patent without his permission. However, a patent will be
granted only if it satisfies the conditions of patentability. These conditions of patentability criteria are
universal, with slight differences in their way of interpretation .Novelty, Non-obviousness, Industrial
Application.

History of Patent

The first step of the patent in India was Act VI of 1856. The main objective of the legislation was to
encourage the respective inventions of new and useful manufactures and to induce inventors to reveal
their inventions and make available for public. The Act was repealed by Act IX of 1857 as it had been
enacted without the approval of the British Crown. Fresh legislation was enacted for granting ‘exclusive
privileges’ was introduced in 1859 as Act XV of 1859. This legislation undergoes specific modifications of
the previous legislation, namely, grant of exclusive privileges to useful inventions only, an extension of
priority period from 6 months to 12 months. The Act excluded importers from the definition of an
inventor. The Act was then amended in 1872, 1883 and 1888.

What can be patented?

Sections 3 and 4 of the Indian Patents Act, 1970 clearly mentioned the exclusions regarding what can be
patented in India. There are certain criteria which have to be fulfilled to obtain a patent in India. They
are:

Patent subject: Sections 3 and 4 of the Patents Act list non-patentable subject matter. Unless the
Invention comes under any provision of Section 3 or 4, it means that it consists of a subject for a patent.

Novelty: Under Section 2(l) of the Patent Act, a novelty or new Invention is defined as “no invention or
technology published in any document before the date of filing of a patent application, anywhere in the
country or the world”.

Capable of industrial application: Industrial applicability is defined in Section 2 (ac) of the Patents Act as
“the invention is capable of being made or used in an industry”.

The core objective of the patent :

1. To encourage inventor: If a person puts efforts and resources in invention

something that can be patented, he should have a provision that stops others

from copying his work without his permission. If it happens he would get

motivated to research further.

2. To protect Inventors' interest: By protecting inventions the Law also protects the

goodwill and financial gains of the inventor. For e.g. if Patents are not provided

anyone can copy the formula of drugs and can sell it at cheaper rates. This will

affect the goodwill of the inventor in case the drug does not work, and the
inventor will also lose his market that will result in financial loss.

3. Encourage Research and Development: If an inventor gets recognition for his work

and at the same time his work is protected also, he may get motivated for further

research. This will also motivate others to go in the field of research. All this will

finally result in the technical and financial growth of the society.

4. To ensure Fair Trade practices: By providing protection and monopoly rights the

law indirectly stimulates fair trade practices. If a businessman knows that he will

be facing legal action for copying others' process or product, he may not try to do

so. This will help in controlling unfair competition.

Patentability criteria:

Novelty or newness: According to Section 2(l) of the Patents (Amendment) Act, 2005 ‘new invention’
means an invention that has not been anticipated by prior publication and does not fall into the public
domain. in the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979). It was
observed in the case of Gopal Glass Works Ltd. v. Assistant Controller of Patents (2005), that for an
invention to be patented it must be new and original.

Non-obviousness or inventive step: . Section 2(1) (ja) of the Act defines ‘inventive step’. The concept of
inventive step was introduced in India in the case of Bishwanath Prasad Radhey Shyam v. Hindustan
Metal Industries (1979).

Usefulness or utility: In the case of Cipla Ltd. v. F Hoffmann-La Roche Ltd. (2015), the Court observed
that according to the definitions of ‘invention’ and ‘capable of industrial application’ under the Act, an
invention must have a commercial use so that it can be utilized in the industries. In the case of Indian
Vacuum Brake Co. Ltd. E.S. Luard (1925), the Court observed that the term ‘utility’ has not been used in
an abstract sense in the Act.

Paris convention

It was first adopted in 1883 and has undergone several revisions since then. The Convention currently
has 177 member countries and is one of the oldest and most significant international agreements on
intellectual property. - Key Principles National Treatment Priority - It establishes rules for their
protection and provides guidelines for member countries to follow. Trademarks and Trade Industrial
Designs Patents Enforcement - The Convention has played a crucial role in harmonizing and facilitating
international intellectual property protection, promoting innovation, and supporting international trade.

Merit of Paris convention

Protection of Intellectual Property Rights: The Paris Convention provides a framework for the protection
of intellectual property rights such as patents, trademarks, and industrial designs.

National Treatment: The Paris Convention requires member countries to provide foreign applicants with
the same protection for their intellectual property rights as they provide to their own nationals.
Enforcement of Intellectual Property Rights: The Paris Convention includes provisions on the
enforcement of intellectual property rights, which help to prevent the infringement of these rights.

Drawbacks of Paris convention

Lack of Flexibility: One of the criticisms of the Paris Convention is that its provisions are not flexible
enough to accommodate the varying needs of different countries.

Imbalance of Interests: Another criticism of the Paris Convention is that it tends to favor the interests of
developed countries and multinational corporations over the interests of developing countries and small
businesses

Costly and Time-Consuming: The process of obtaining and enforcing intellectual property rights under
the Paris Convention can be costly and time-consuming, particularly for small businesses and individuals.

Relevance and importance of Paris convention

Promotion of Innovation and Creativity: The Paris Convention encourages innovation and creativity by
providing protection for intellectual property rights, including patents, trademarks, and industrial
designs.

International Standardization: The Paris Convention provides a framework for the international
standardization of intellectual property protection.

Protection of Consumers: The Paris Convention protects consumers by ensuring that trademarks are
protected and that consumers can rely on the quality and origin of products they purchase.

Novartis v. Union of India

Philip Morris v. Uruguay

World Intellectual Property Organisation

World Intellectual Property Organisation is an organisation based in Geneva and it works with the vision
of encouraging creative activity and for promoting the protection of Intellectual Property throughout
the world. WIPO is one of the 15 specialised agencies of the United Nations. Currently, there are 193
members in the World Intellectual Property Organisation. WIPO, at the time when it started, was
originally about promoting the protection of intellectual property, but when it joined the United Nations
in 1974, the objective was redefined as public interest or humanitarian goal.

History of formation

Paris Convention– It all started with the Paris Convention of 1883, the Paris Convention for the
Protection of Industrial Property is considered to be the first major step taken towards helping creators
to ensure that their intellectual works are protected around the world.

Berne Convention– It started with a campaign by a French writer Victor Hugo, the aim behind it was to
give the creators their right to control and to receive payments for the creative done by them on an
international level.

Madrid Agreement– The first international IP filing serving was launched in the form of the Madrid
Agreement. This agreement was also the first leap towards WIPO.
BIRPI- The United International Bureaux for the Protection of Intellectual Property, 1893 was known
better by its French acronym BIRPI. Based in Switzerland, this organisation was the predecessor of
WIPO.

WIPO- Headquartered in Geneva, Switzerland, WIPO is what came out of BIRPI and is a product of all
those important Conventions and Agreements held before it. WIPO joined the United Nations in 1974.

The main functions of WIPO include:

Assisting campaigns development to improve IP protection all over the world and to harmonize national
legislation in this field,

Signing the international agreements on IP protection,

Applying the administrative functions of the Paris and Berne Unions,

Rendering technical and legal assistance in the field of IP,

Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) provides us with an overview of an international treaty which is
duly administered by the World Intellectual Property Organization (WIPO). The Patent Cooperation
Treaty (PCT) is an international treaty with more than 148 Contracting States. It is administered by the
World Intellectual Property Organization.(WIPO).The PCT is an international treaty which provides a
system for filing a patent application and allow us to obtain patents in multiple countries around the
world on the basis of a single patent application.

Need for Introducing PCT

To bring the world within reach.Removes major costs and provides users with additional time to
consider their various Patent granting options.Provides a strong basis to the user for Patenting
decisions.

Basic Features of PCT System

Formal examination done by one office.Retrieval is carried out by one office.International publication
done by one office.Examination and authorization finished by national office.Single application with
legal effect in all PCT countries.148 countries and 4 regional patent systems.

PCT Advantages

A single application in single language filed in a single country called the international application.Used
by the world’s major corporations, universities and research institutions when they seek international
patent protection.This single application has the effect of filing simultaneously in different countries
(designated countries).

What is the TRIPS Agreement

The TRIPS Agreement protects intellectual property in trade-related regions to a large extent and is
regarded as a comprehensive new framework for intellectual property standards protection. The TRIPs
Agreement also has the distinction of being the first legal agreement to address all areas of intellectual
property with a number of specific clauses.
The General Agreement on Tariffs and Trade (GATT) was the only multilateral mechanism overseeing
international commerce until the World Trade Organization (WTO) was established in 1995.

The Uruguay Round was the last GATT round (1986-1994). It was in this session that the first discussions
on trade linked to agriculture, services, and intellectual property rights were conducted. All 123
countries that took part in the Uruguay Round, including India, became members of the WTO. WTO now
has 164 members, accounting for about 90% of the world’s countries.