You must have often heard or read in science that when a scientist discovers a special thing and it is named after that scientist. That is, he is considered to have full rights over his invention.
But have you ever wondered why this happens? Under which rule is such a right given? That only his name is added to that discovery.
What is Patent in Hindi? In today’s article, we have brought answers to all these questions, so let us understand all the things related to patent in detail.
What is Patent?
The meaning of the word patent (Patent meaning in Hindi) is – “Part”. Patent is a legal right, which is given to a person or organization for a special discovery or new idea.
In fact, whenever a discovery is made, scientists get that discovery patented in their name.
It can be given for any product, design or process, so that no one else can copy this patent. If any person or organization uses a patent, then he has to take permission for it in advance, otherwise there can be a legal case against him. The first act for patent in India was made in 1911, which was replaced by the Patent Act in 1970.
History of Patent in India.
The first patent related law in India was Act VI of 1856. Its purpose was to motivate the invention of new items. After this, on 3 March 1856, Calcutta civil engineer George Alfred Depenning applied to the then government for a patent in India. Depenning got the patent on 2 September, thus it is considered the first patent of India.
After this, changes were made in this law from time to time. After this, in 1911, the Indian Patent and Design Act 1911 was brought, changing all the previous legislations. This act for patents remained in force till 1970, which came into force in 1972.
Types of Patents
Legally, there are 3 types of patents, first is product patent, second is process patent and third is plant patent.
Product Patent:
Whenever a company patents a product, it gets a monopoly on that product. This means that no other company can copy the product exactly.
An example of this is the toothpaste and soap available in the market. You must have noticed that you have never seen any toothpaste or soap in the market that looks alike.
Process Patent:
This type of patent is used for the process of making a product. When there is a certain process to make any product, if a company patents that process, then no one else can make a new product using the same process.
Plant Patent:
Plant patent is given for new plants that are produced from seeds or any other way and which are discovered or invented by humans. If a horticulturist develops a new type of rose species that has never been seen before and has some special properties such as a unique color or fragrance, then the expert can get a plant patent for that rose plant.
After all, what is the importance of patent?
Now the question comes that why should any company get a patent. What is the importance of patent for any business, let us understand this thing –
20 years of protection:
Whenever a person or business makes a new invention, it becomes necessary that he gets the benefit of his discovery for a long time.
If someone patents his invention, according to the Patent Act of India, he gets protection for 20 years.
This means that for 20 years no person can use this invention without the permission of its owner.
Helps in increasing business:
If you know that you are inventing some product or process, which people can copy later. In such a situation, if you have its patent rights, then you can grow your business in the market.
The best example of this is Apple’s iPhone, because Apple has a patent for its product, no other company can make it and Apple is continuously growing its business.
It becomes a new source of income:
When you patent a product or process, no one can make it without your permission. If any other company takes permission from you to use this product, then it will have to pay you royalty, which helps in increasing the revenue of your business.
Benefits of Patent
Demand royalty in exchange for use:
After patenting your product, if any person or business manufactures it, you can demand royalty from them. Whenever a person sells someone else’s product or service, in return a part of the profit (which is mutually decided) is given to the owner, it is called royalty.
Get monopoly ownership right:
You have monopoly on the patented product or process, so no one can use it without your permission. If someone does this, then you can take legal action against him.
Sale of patent:
Like your other movable and immovable assets, patent is also your intellectual property, which you can sell to any other company. You can get a good amount for this.
It is useful in getting or receiving funding in business:
If you are looking for investment for your company and you have patented a product, then it will be easy for you to get funds. Due to patent, you have monopoly of that product or process, in such business, the profit opportunities increase and investors easily invest in such companies.
What if someone violates the patent?
Whenever a person or company uses your patented product or process without your permission, it is considered a patent violation. Know about it in detail –
In what situations can you claim a patent?
Whenever a person or company manufactures, uses, sells your product or process without your permission, then it will be considered a patent violation.
If someone violates your patent, then you can file a case for it in the district court, you can do this case for 3 years after the violation.
Types of patent infringement
There are 3 types of patent infringement –
Direct infringement:
When a person or company directly uses, sells or manufactures your patented product or process, it is considered a direct infringement.
Indirect Infringement:
If parts of a patented product are used in making a product or a person instigates another person or company to use the patented product or process, then it is called indirect infringement.
Innocent Infringement:
When a person or company proves that it had no intention to infringe, or it was not aware of the patent, then it will be considered innocent infringement.
It is worth noting here that the patent of any product or process is only in a country, it means that if you have patented a product in America and you want its rights in India too, then you will either have to patent it in India as well or you can also get it patented globally.
