patent new invention

December 6th, 2007 | by Ramaswami Natarajan |

A patent is a right granted to an individual or group which permits the grantee the ability to prevent others from making, using, or selling the invention described in the patent. A patent can be sold, or the grantee may give others permission to use the invention.

There are three main types of patents: utility patents, design patents, and plant patents.

An invention means a new product or process involving an inventive step and capable of industrial application.

New invention is defined as any invention or technology which has not
been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification. (The subject matter has not fallen in public domain or that it does not form part of the state of the art).

The criteria for an invention to be patentable are,
(1) An invention must be novel
(2) Has an inventive step and
(3) Is capable of industrial application.

A novel invention is one, which has not been published, in the prior art. (Prior art means everything that has been published, presented or otherwise disclosed to the public on the date of patent). The prior art includes documents in foreign languages published in any format in any country of the world.

For an invention to be judged as novel, the disclosed information should not be available in the ‘prior art’. This means that there should not be any prior disclosure of any information contained in the application for patent anywhere in the public domain, either written or in any other form, or in any language before the date on which the application is first filed i.e. the ‘priority date’.

Inventive step is a feature of an invention that involves:

At least one part of the invention should be in an inventive step having economic significance making the invention non obvious to a person skilled in art.

An invention is capable of industrial application when it can be used in at least one field of activity and it can be reproduced with the same characteristics as many times as necessary.

On the basis of the above criteria an invention can be patented.



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