What do you mean by "Invention" under the Patents Act, 1970 ?
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2024
What do you mean by "Invention" under the Patents Act, 1970 ?
Answer & Explanation:
The definition of the word "Invention" as per Section 2(1)(j) of the Patents Act, 1970 includes a new product or process involving an inventive step and capable of industrial application. Inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. Therefore, a patent can be applied for the "Product" as well as "Process" which is new, involving inventive step and capable of industrial application can be patented in India. The invention will not be considered new if it has been disclosed to the public in India or anywhere else in the world by a written or oral description or by use or in any other way before the filing date of the patent application. The information appearing in magazines, technical journals, books etc., will also constitute the prior knowledge. If the invention is already a part of the state of the art, a patent cannot be granted. Examples of such disclosure are displaying of products in exhibitions, trade fairs, etc. explaining its working, and similar disclosures in an article or a publication. It is important to note that any invention which falls under section 3 and Section 4 of the Patents Act, 1970 are not patentable.
Topics: Intellectual Property Rights (IPR)
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