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Patents 🔬

Definition: A patent is an exclusive right granted for an invention (product or process) that provides a new way of doing something or offers a new technical solution to a problem.

Simple Terms: If you invent something new, patent gives you the right to stop others from making, using, or selling it for 20 years.

What Can Be Patented? ✅

Criteria (3 Requirements):

  1. Novelty: Must be NEW (not known to public before).
  2. Inventive Step: Not obvious to a person skilled in the field.
  3. Industrial Application: Must be useful/capable of being made/used.

Examples:

  • A new type of battery that lasts 10 times longer.
  • A new process to purify water cheaply.
  • A new machine to harvest crops faster.

What CANNOT Be Patented? 🚫

(As per Indian Patents Act, 1970 - Section 3 & 4)

  1. Discoveries: E.g., Discovering a new planet (Not an invention).
  2. Scientific Theories: E.g., Einstein's E=mc² (Theory, not product).
  3. Mathematical Methods: E.g., A new formula.
  4. Computer Programs (per se): Software alone (needs hardware).
  5. Business Methods: E.g., A new way to calculate interest.
  6. Medical Treatment Methods for humans/animals.
  7. Plants & Animals (in whole or part, except microorganisms).
  8. Inventions harmful to public health/environment.
Why can't you patent a discovery?

Discovery = Finding something that already exists in nature (Gravity, DNA structure). Invention = Creating something NEW that didn't exist before (Light Bulb, Airplane).

You can't patent gravity because Newton didn't CREATE it. He just discovered it!

Types of Patents 📋

1. Utility Patent (Product Patent)

  • For new products or processes.
  • Duration: 20 years.
  • Example: A new type of solar panel.

2. Design Patent

  • For new, original and ornamental design of a product.
  • Duration: 15 years (in India).
  • Example: A unique shape of a smartphone.

3. Plant Patent

  • For new varieties of plants (in some countries like USA).
  • India: Not applicable. We have separate Plant Varieties Protection Act.

Patent Application Process 🛠️

In India: Under Patents Act, 1970

Steps:

  1. File Application with Patent Office.
  2. Publication (after 18 months).
  3. Request for Examination (within 48 months).
  4. Examination by Patent Office.
  5. Grant (if approved) or Rejection.

Duration of Protection: 20 years from date of filing.

Quiz Time! 🎯

Test Your Knowledge

Question 1 of 5

1. Patent protects:

Brand names
Inventions (products/processes)
Books and songs
Business secrets

💡 Final Wisdom: "Invention is 1% inspiration, 99% perspiration. But Patent is 100% protection for your hard work!" 💪

Next up: Transfer of Patent Rights - Buying and Selling Patents! 📜

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