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Current Affairs

Patenting in India

Date: 19 November 2019 Tags: Miscellaneous

Issue

Industrial leaders have argued that Indian patenting environment needs revamp if innovation in Science and technology has to develop more than competitors, China and the USA.

 

Background

In 2008, India had filed 750 global patents, when China had 6,000, and the U.S. had 53,000 patents. In the next 10 years, that’s in 2018, the U.S. had only 56,000 patents, but China had 60,000 patents and India just 2,100 patents.

 

Patent laws in India

The principal law for patenting system in India is the Patents Act, 1970. Initially, according to the provisions of this law no product patent but only process patents could be granted for inventions relating to food, drugs and chemicals. However, since 2005 product patenting is allowed in India.

 

Intellectual Property Rights

  • Intellectual property is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others.

Types of Intellectual Property Rights

  • patent is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention

  • A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed it  is  necessary  to  recognize and  respect  the  intellectual  creations  of  a  creator.

  • An industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.

  • Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant. The variety must amongst others be novel and distinct and for registration the evaluation of propagating material of the variety is considered.

  • trademark is a recognizable sign, design or expression which distinguishes products or services of a particular trader from similar products or services of other traders.

  • trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers.