What is the Governing Law of Patent?
In India, the law of Patent is governed by Patent Act, 1970 as amended till date and Rules there under. The Patent Act, 1970 was lastly amended by The Patent (Amendment) Act, 2004 became effective from January 1, 2005. The substantial amendment is effected by this last amendment.

What is Patent?

A Patent is a Statutory privilege granted by the Government to inventors (or to other persons obtaining rights from the Original Inventors) for a fixed and limited period of years, to exclude other persons from manufacturing, selling or using any patented product or process or method. Thus, the Patent is a monopoly right on an invention for a limited period of time.

Thus, the Patent is a monopoly right on an invention for a limited period of time.

What is Patentable Invention?

All the invention is patentable which is new and industrially useful barring few as described herein below.

In nutshell, all the inventions including any art, process, method or Manner of Manufacture, Machine, Apparatus, Article or Substance produced by manufacture or process of manufacture and Improvement thereof.
What is not patentable?

Invention which is frivolous and contrary to established natural laws.

An invention which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to environment. Continue reading →