Let's talk IP
IT'S AN INTELLECTUAL PROPERTY BLOG
It is important to remember that a patent application should consist of only one invention. However, a person may file a group of inventions which are claimed in one patent application, but the inventions so linked should form a single inventive concept. The application for patent shall be filed at the patent office along with the respective forms. The forms include form1, form2, form 3, form 5 and form 26.
If a patent application has been filed by an assignee, then the patent application should be accompanied with a document which is known as the Proof of Right. Proof of Right is a document which states that an inventor of the invention has assigned his rights to the company, which is the assignee. If the proof of right is not submitted along with the patent application then a period of six months is provided by the patent office to file the proof of right. The proof of right should be filed within six months from the date of filing of the patent application.
According to the Indian Patent Act, a patent application may be filed by any of following persons including true and first inventor, assignee of the true and first inventor or the legal representative of the true and first inventor.
1. True and first inventor of the invention may apply for the patent. The person who invents a new product or a process has the right to file a patent application. True and first inventor means the person who is the first to invent and also the first in filing the patent application. Thus, a person who first invents a product or a process and also, first files the patent application is the true and first inventor.
According to the Indian Patent Act, the following are the inventions that are not patentable.
a. Frivolous inventions or inventions that are against the laws of nature are not patentable. For example an invention comprising machines that have 120% efficiency is against the natural laws and hence, non-patentable.
b. Any use of an invention that is against the public order or public morality or which endangers human or plant or animal life or health is non-patentable. For example an invention of a gambling machine is not patentable. Another example would include an invention of a weapon that may cause mass destruction.
In simple terms invention means an act of inventing either a product or a process for producing the product. Technically, invention is defined as a new product or process involving an inventive step and capable of industrial application. For an invention to be patentable, the invention has to be novel, inventive and should involve an industrial application.
Patent evergreening is a strategy mostly adopted by pharma companies. In this strategy, the pharma companies that have patent rights that are about to expire, try to renew their patent in order to keep that particular patent alive and make more money out of it. There are many strategies that they can adopt such as filing new patent applications with minor changes, substituting chemicals with new chemicals that would have similar effect and so on. Pharma companies adopt these strategies on highly valuable patents that provide huge profit margins. These companies intend to prolong the life of a patent further than 20 years in order to gain profits for a very long time. The ultimate aim is to prevent the generic drug making companies from entering the market as long as permissible so that the drug is highly priced even after the expiration of the patent protection period.
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- Patent Evergreening Strategy
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- Low level cold laser therapy: Thanks for this nice posting i will come again on your site. [...]
- Valentino: I understand what evergreening is. What i don't understand is why are companies facing a patent clif [...]
- Binard94: This is a very interesting topic. More on Trademark dilution can be found on the following page:- ht [...]
- Nehajayaswal: Hi Jayaraman. This article is for Indian patents. If you wish to protect your invention in Europe an [...]
- Jayaraman2002: Nehaji, very good article. But can you tell me if this patent is applicable worldwide or i should [...]
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