Patent Registration in India and Issues related to Patent Registration  

Introduction

Before we begin writing about the issues related to Patent Registration in India, let us first define a patent in a nutshell. A patent is an exclusive right granted to an inventor under the rules and laws governing patents. During the term of a patent, a person may or may not allow others to use, copy, or sell his invention within the territory of that country. A patent normally protects an invention for 20 years.

Advantages of Patent Registration in India

Advantages of a Patent Registration in India are listed below-:

1. Tradeable Patented Invention: Alternatively, you can licence the patent and earn royalties for a longer period of time. This can be a long-term source of revenue for your company. Some companies operate on the same principle, earning royalties from licensed patents, possibly in conjunction with registered trademark and design. This is undoubtedly the most beneficial of all the advantages of patent registration.

2. Authorizes Complete Reform Freedom: The granted patent allows the inventor to use the invention for any purpose for the duration of the valid time line, which in India is 20 years. Within this time-frame, no one other than the inventor may use, sell, or modify the existing invention without the inventor’s permission. Furthermore, the inventor has the sole right to use legal proceedings in the event of a dispute with the parties involved.

3. Reduce the Competition: Patenting a design, concept, or product can assist a company in limiting competition. Assume there are two competitors, A and B. Both are in the business of trading similar widgets. Company B, which invented the widget, applies for and receives a patent for it. According to the law, Company A can force Company B to stop producing and selling the product, gaining more market share and weeding out the competition.

Issues related to patent registration in India

1. Some Insights into Patent Issues in Outer Space: The United Nations passed a resolution in 1961 that legalised the application of international law to outer space and celestial bodies. It has also made it possible for all states to explore celestial bodies in outer space under international law. Space technology and activities in outer space have demonstrated the need for protection in matters of innovation and new developments related to new projects, space research, and studies over time.

2. Patent Issues in Public Health: Pharmaceutical science, biotechnology, nanotechnology, and other innovations have changed the dynamics of the global health sector. The authorities’ primary goal in improving public health is to balance the inventor’s rights on product creation or process to improve the health sector and how it will be implemented for the benefit and need of the general masses. A significant investment is required in new drugs, new treatment methods, and clinical trials. Patents act as a catalyst to encourage inventors to invest the necessary funds. Developing countries frequently bargain with patent holders to obtain drugs and equipment at a lower cost. This also happened when some companies agreed to provide medicines to poor or developing countries in order to treat fatal or severe diseases. It is possible to keep public health when the public and private sectors work together, with authorities in charge of raising awareness about the importance of joint ventures, legalising innovations, and so on.

3. Patent Issue in Biotechnology: Biotechnology is rapidly becoming an important component of the economy. Many inventions and developments are taking place in the energy, pharmaceutical, and environmental sectors, among others, and patent laws apply. Companies invest a significant portion of their revenues in R&D because biotechnology is a research-intensive industry. At the same time, they incur significant costs in developing and manufacturing new products and operating methods.

Patent laws do not take into account the possibility of competitors imitating the products. Occasionally, biotechnology companies create an original invention, protect it with patent laws, and licence the invention to large corporations that can market the product. It is important to note that there may be times when it is unclear which biotechnology inventions can be patented and which biotechnology inventions cannot. In fact, any invention must claim to be a novel approach. At the same time, the invention must consider the specific approach covering the product’s industrial utility.

It should also be ensured that claims made in patent applications do not exceed the scope of the invention as described in the patent so that no patent owner/s obtains excessive and unfair rights. This must be considered when drafting patent applications and developing R&D plans and strategies, especially when the invention’s results are critical to the company’s profit margins.

Bottom Line

Intellectual property rights awareness has grown over time, acting as an incentive to stimulate inventive behaviour and innovative activities in humans while also supporting the economy. Patents, in addition to conferring exclusive rights on the inventor, assist in recouping the amount invested in the entire process of research, development, and production. It provides an inventor with the benefit of a monopoly. In exchange for new inventions, patents are granted. Though India has entered the product patent regime, it still has a long way to go in terms of managing company interests and maintaining a balance.