A patent is a type of intellectual property right that grants an inventor or inventor a monopoly over their invention. Obtaining a patent gives the inventor the exclusive right to use, manufacture, and sell their invention for a specified period of time. These rights depend on the type of patent and its legal status.
The concept of patent and its history
The concept of patent is very old, which is used to protect inventors from their research. The purpose of patent law is to encourage research and innovation. Patent law came into existence to ensure that inventors get the fruits of their hard work and that their research is not used by others.
The history of patents is very old and its roots can be traced back to the ancient Greek and Roman times. Modern patent law developed in the 19th century, which gave impetus to the Industrial Revolution. This led to many inventions and innovations. The history of patent law and its nature are of utmost importance in today’s era of science and technology.
Types of patents and their characteristics
There are mainly three types of patents: utility patents, design patents, and plant patents.
- Utility Patent: This patent is granted for inventions such as machines, processes, manufactures, and combinations. It grants patents for new products and their processes. This patent is granted in the largest number.
- Design Patent: This patent is granted for the design of products. This patent is obtained for innovations in the external appearance of a product.
- Plant Patent: This patent is granted for new plant varieties. This patent is granted to researchers who develop new plant varieties.
To obtain a patent in these types, you have to fulfill their specific conditions. Each type of patent has certain requirements, without which the patent cannot be obtained.
Requirements to be eligible for a patent
To be eligible for a patent, an invention must meet certain requirements. To be eligible for a patent, an invention must meet three main requirements: novelty, originality, and industrial applicability.
Novelty and Inventiveness
What is novelty?
Novelty means that the invention or invention must be completely new, that is, it must not have been published or used before. It is difficult to get a patent unless the condition of novelty is met. For this, there should be no public document of the invention while applying for a patent.
The relationship between originality and novelty:
Originality means that there must be something new in the invention. That is, the concept and form of the invention should not be like any other previous invention. When applying for a patent, the inventor has to prove that their invention is different and original from any other invention.
Industrial Applicability
Why is industrial utility necessary for obtaining a patent?
The condition for industrial utility of an invention is that the invention must be suitable for industrial use. That is, it is necessary to see whether the invention can be used in an industrial production process. Patents are granted only to inventions that have industrial utility.
