What is a Patent?
Patent word originates from the latin word Patere which means “to lay open” or “to make available in public domain or for public inspection”.
A patent is an exclusive or negative right given by a sovereign state to the inventors for their inventions to exclude others from making, using, offering for sale, selling or importing the product or process(s) for the limited period of time.
Patent provides a temporary monopoly for the product or process to the inventor for the limited period of time in the exchange of full disclosure of the invention with enablement, the best mode and know how requirements.
Patent protection is a territorial right, means if an inventor is taking protection in a particular country, he/she cannot extend his/her rights to other jurisdictions. If inventors want to extend his/her protection in other jurisdictions then inventors must file a patent application in each country where they want to protect their inventions.. Every country has their own laws or rules regarding the patent registration but the basic requirements are almost same.
In India patent is governed under :
The Patents Act, 1970
The Patents Rule, 2003
The term which is granted under the patents, Act 1970 is for 20 years from the date of filing of a patent application in a patent office as per the manner prescribed under the Act or Rule, but the patent rights are enforceable from the date of grant of a patent.