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What is a Patent?

BY: Raja Vikram | Category: Others | Submitted: 2010-05-12 23:02:14
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Article Summary: "This is about the protection of inentions under IPR with the help of patents..."


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Creativity is a great thing. The new products which are made or done are because of creative minds with innovative thoughts. These thoughts do miracles. But if these ideas got copied and done by some other fellow then the credit goes to the wrong person. Hence to protect the innovations, ideas, creativity we require a legal tool that is patent. To define "Patent is a monopoly right granted to a person who has invented an article or developed the existing one or in the new process of making an article". In lay man terms it is giving exclusive rights or sole ownership to the man who has done Innovation or a brought a change with creativity.

There are few guidelines to get a patent under the belt. Those can be i. it should be an inventive step ii. It should be new and novel iii. It should have some utility. If these conditions are satisfied then the patent can be granted. This has a time period and if it is expired then another person can go ahead with that. Hence the fundamental principle of patents is that the invention should be new and useful. According to the Indian patent act, 1970 the patent should have a balance between the public interest and individual interest. Here the utility means not only for commercial benefits but also for social benefits. Hence the patent that is taken for invention should help out for the social benefits.

The patent came into picture in the year 1790 for Samuel Hopkins for the making of potash and pearl ash. Then the patent granted for a candle making process. Then by the development of different conventions and TRIPS the patent becomes a tool for the inventors to protect their ideas. Now due to the development of policies it is useful for commercial and noncommercial people also. Patents come under the Intellectual property rights. Hence it is an useful property to save the creativity.

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Reference: IPR - R. Anitha Rao and V. Bhanoji Rao

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