Amity Law School

Amity Law School

Rationale of Patent Protection
Dr. Gopalam Sultania

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• Patent protection is a legal monopoly granted

to inventors and innovators for a limited period
of time in exchange for the public disclosure of
their inventions. The main rationale for patent
protection is to incentivize innovation by
allowing inventors and innovators to profit
from their creations.

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• Without patent protection, there would

be little incentive for individuals and
companies to invest the time, money,
and resources required to develop new
inventions and technologies, as anyone
could simply copy and sell them without
compensating the original inventor.

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• Additionally, the public disclosure of inventions

that is required for obtaining a patent serves to
increase the overall knowledge and
understanding of a particular field or
technology, which can lead to further
innovation and progress. By providing a legal
framework for protecting and sharing new
ideas and inventions, patent protection helps
to encourage and foster a culture of innovation
and progress.
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• Before a patent is granted the patentee has to

describe in the patent application the invention
with such clarity and completeness of all
details that anyone having ordinary skill in the
art should by merely reading the description
be able to carry out the invention .

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• In other words before a patent is granted the

invention has to be disclosed . the disclosure
of invention provides useful information to the
public which helps in avoiding wasteful
duplication of effort and multiplication of cost
that research aimed at finding solutions to
technical problems can entail.

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In Bayer Corporation vs UOI July 2014

• The Bombay High Court created with the
object of the patent law was to encourage
– scientific research
– new technology and
– industrial progress
• The grant of patent necessarily meant a new
invention of commercial utility .

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• Patent law encourage research and invention

by guaranteeing to the holder of the patent an
exclusive right to prevent all others from
manufacturing, using or selling his invented
goods for a particular number of years .

• in consideration for the above rights inventor

has to make available or disclose the
knowledge of the invention to the public

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• this disclosure would allow the other members

of the society to exploit the same invention
after the patent term is over .
• the invented product is not to be kept aside
but is to be made available to the society for
use and also to form the basis for further
research and development

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What does a patent do?

• Protects intellectual property for 20 years
– no one else can manufacture the product
– some one can pay you royalties
– you can block competitors

• After 20 years, technology goes to public

domain