Patents – Definition, Objectives, Rights, Process, Examples

What is Patent?

• A patent represents a legal right granted by a government, conferring exclusive authority to an inventor for a defined period. This right encompasses the ability to prevent others from making, selling, using, or importing a specified invention, which may include products, processes, or designs, as well as any improvements made to these items.
• To obtain a patent, the inventor must provide a comprehensive written description of the invention. This document typically includes detailed diagrams and drawings that elucidate the invention’s features and functionality. This disclosure ensures that the public has access to the invention’s specifics, promoting transparency and enabling others to build upon the original idea.
• Upon the expiration of the patent term, which generally lasts 20 years from the date of the patent application, the invention enters the public domain. This transition allows the technology to be freely utilized by anyone, fostering further innovation and development in the field. Therefore, while patents grant temporary monopolies to inventors, they ultimately contribute to the broader dissemination of technological knowledge.

Definition of Patent

A patent is a government-granted right that allows an inventor to exclude others from making, using, or selling an invention for a specified period, typically 20 years, in exchange for publicly disclosing the details of the invention.

Historical Background of Patents

The concept of patents has evolved significantly over time, shaped by legal and economic developments across different regions. The term “patent” is derived from the Latin word patere, meaning “to open.” This reflects the core principle of patents: they grant exclusive rights to inventors while requiring the public disclosure of their innovations. Below is an overview of the historical development of patent laws in both India and other countries.

History of Patent Law in India

• Early Legislation
  • 1856 Patent Act: The first legislation related to patent rights in India was enacted in 1856. This Act granted exclusive rights to inventors for new manufacturing methods, valid for a period of 14 years. However, this initial framework proved inadequate and underwent multiple modifications over time.
• Post-Independence Developments
  • Patent Act of 1970: Following India’s independence, the Patent Act of 1970 was introduced. This Act established a more comprehensive framework for patent protection in the country, marking a significant shift in the intellectual property landscape.
• TRIPS Agreement and Subsequent Amendments
  • 2005 Amendment: The Indian Patent Act was significantly amended on January 1, 2005, to align with the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, part of the WTO (World Trade Organization) framework. Key changes included:
    • Product Patents: Introduction of product patents for food, medicines, and chemicals. Prior to this, India only recognized process patents for these categories, which allowed domestic industries to develop new products using existing processes. The new policy required compliance with global standards and aimed to boost innovation in the pharmaceutical sector.
    • Uniform Patent Validity: Extension of patent validity to a uniform period of 20 years for both product and process patents, as opposed to the previous 14-year limit for general patents and 5 to 7 years for process patents in specific sectors.
    • Reversal of Burden of Proof: The responsibility to prove non-infringement of a patent shifted from the patent owner to the alleged infringer, which streamlined legal proceedings related to patent disputes.
    • Removal of License of Right: The provision that allowed automatic licensing of patents related to food, drugs, and chemicals was abolished, ensuring that patent holders retained control over licensing decisions.

History of Patent Law in Other Countries

• Early Patents
  • 1421 in Florence: The earliest known patent was granted in 1421 in the Republic of Florence to Filippo Brunelleschi. This patent provided a three-year monopoly for his invention of a hoisting gear used on barges.
  • Abraham Lincoln: In the United States, Abraham Lincoln was among the first patent holders, receiving a patent for a device related to barges.
• Development of Patent Laws in Major Countries
  • England: The first formal patent legislation in England was enacted in 1623. This law granted patents for 14 years, laying the groundwork for modern patent systems.
  • USA: The United States established its patent laws in 1770, formalizing the protection of inventions and fostering innovation.
  • France: France introduced its patent legislation in 1791, further developing the legal framework for intellectual property.
  • Russia: Russia implemented its patent system in 1812, joining the growing list of nations with established patent laws.

Objectives of Patent

The primary objectives of patents are as follows:

1. Encourage Innovation:
   • Incentivize Research and Development: By providing exclusive rights to inventors, patents incentivize the development of new technologies and innovations. The promise of exclusive commercial benefits motivates individuals and organizations to invest time, effort, and resources into research and development.
2. Protect Intellectual Property:
   • Legal Protection: Patents offer legal protection for new inventions, preventing others from making, using, selling, or distributing the patented invention without permission. This legal framework helps inventors safeguard their ideas and investments.
3. Promote Economic Growth:
   • Market Advantage: Patents provide inventors and companies with a competitive edge in the marketplace by granting exclusive rights. This can lead to increased profitability, market share, and business growth.
   • Investment Attraction: Patented technologies can attract investment from venture capitalists and other investors, who view patents as valuable assets and indicators of potential commercial success.
4. Facilitate Knowledge Dissemination:
   • Public Disclosure: Patent applications require detailed public disclosure of the invention, which contributes to the body of technical knowledge. This dissemination of information allows others to learn from and build upon existing innovations, fostering further advancements in technology.
5. Ensure Fair Competition:
   • Prevent Unauthorized Use: Patents help to ensure fair competition by providing a legal mechanism to prevent unauthorized use or copying of an inventor’s technology. This helps to maintain a level playing field in the marketplace.
6. Stimulate Collaboration and Licensing:
   • Technology Transfer: Patents enable technology transfer through licensing agreements, allowing inventors to collaborate with other businesses or entities. Licensing can lead to the development and commercialization of technologies that might not have been possible for the original patent holder alone.
7. Support Economic Policy Objectives:
   • Encourage Regional Development: Patents can support regional economic development by fostering innovation within specific areas or industries, potentially leading to the creation of new businesses and job opportunities.
   • Promote Technological Advancement: By rewarding innovation and technological progress, patents contribute to the advancement of various industries and the economy as a whole.
8. Provide a Framework for Dispute Resolution:
   • Legal Recourse: Patents establish a legal framework for resolving disputes related to intellectual property. This includes addressing issues of infringement and ensuring that patent holders can seek remedies through legal channels.
9. Support Knowledge and Skill Development:
   • Educational Resource: Patents serve as educational resources for students, researchers, and professionals by providing detailed descriptions of technological innovations. This knowledge can enhance learning and skill development in various technical fields.

Types of Patents

There are four principal types of patents, each serving distinct functions and purposes:

1. Standard Patent

• Definition: Also known as an ordinary patent, a Standard Patent is the most common type of patent. It is issued for a new, useful, and non-obvious invention.
• Duration: Typically valid for 20 years from the filing date, subject to annual renewal fees.
• Scope: Grants the patent holder the exclusive rights to make, use, sell, or distribute the patented invention. It also allows the holder to license these rights to others.

2. Patent of Addition

• Definition: A Patent of Addition is granted for improvements or modifications to an already existing patented invention.
• Duration: This type of patent remains effective only as long as the original patent is valid. It does not require separate renewal fees.
• Special Case: If the original patent is revoked, the Patent of Addition can be converted into an independent patent, provided the necessary renewal fees are paid. This provision ensures that significant improvements do not become obsolete if the primary patent is invalidated.

3. Utility Model Patents

• Definition: Utility Model Patents are issued for incremental innovations in devices or processes, often focusing on practical and industrial utility.
• Geographical Scope: These patents are available in certain countries such as Australia, China, and Japan, but are not yet recognized in India.
• Examples: Utility Model Patents cover simple devices or tools that offer practical improvements, such as specialized alarm clocks, ergonomic handles, or household gadgets.

4. New Use Patents

• Definition: New Use Patents are granted for novel applications of previously patented products. This type of patent is particularly valuable in fields like pharmaceuticals.
• Example: A pharmaceutical compound initially developed for one condition might later be found effective for treating a different disease. For instance, a contraceptive pill initially developed for birth control may also be patented for its efficacy in treating another medical condition, such as cancer.
• Significance: This type of patent encourages ongoing research and development by recognizing and protecting new applications of existing technologies.

The foundation of patent law

The foundation of patent law is rooted in historical efforts to promote innovation by granting exclusive rights to inventors. This legal framework has evolved significantly over time, reflecting changes in societal attitudes towards intellectual property and economic progress.

1. Historical Origins: The concept of patent rights can be traced back to Ancient Greece around 500 BCE, where inventors were granted temporary exclusivity for their innovations. For instance, the Greek city of Sybaris offered a one-year monopoly to creators of new luxury refinements. Similarly, in medieval England, patents began as royal grants providing monopolies on specific industries or services. The earliest authenticated English patent, granted in 1331, marked a formal recognition of intellectual property rights.
2. Early Italian Patents: In the 15th century, the Republic of Venice issued one of the first systematic patent statutes in 1450. This legislation required inventors to disclose their innovations to gain legal protection. The Venetian Patent Statute of 1474 formalized this system, establishing a 10-year protection period for new inventions, particularly in glass making.
3. French Contributions: France contributed to the development of patent law by introducing the concept of patent specifications in 1555. This innovation required inventors to describe their inventions in detail. The French patent system continued to evolve, with gradual improvements in the public disclosure of patents.
4. English Patent Law: The English patent system significantly influenced modern patent law. By the 16th century, the Crown used patents to grant monopolies, which often led to abuses. The 1624 Statute of Monopolies was a key development, restricting the Crown’s power and setting the precedent for patents to be granted only for original inventions and for a limited duration. This statute laid the groundwork for future patent legislation.
5. Evolution of Patent Specifications: During the 18th century, patent law underwent further refinement. The requirement for detailed specifications became standard, as seen in the early 18th-century patents like that of James Puckle’s autocannon. This period also saw the establishment of principles such as the patenting of improvements to existing machines, exemplified by the legal battles surrounding James Watt’s steam engine.
6. Influence on Modern Patent Systems: The principles established in English patent law were adopted by countries with common law traditions, including the United States, New Zealand, and Australia. In the U.S., the patent system was formalized with the Patent Act of 1790, influenced by Enlightenment ideas about intellectual property as a right.
7. Global Developments: In India, patent protection began with Act VI of 1856 and evolved through various amendments, culminating in the Patents Act of 1970. This Act, amended in 2005, introduced significant changes such as the inclusion of product patents across all technology fields and the provision for compulsory licensing.

Patent search

Patent search involves examining patent databases to identify existing patents or applications that may be similar to a new invention. Conducting a thorough patent search is crucial for several reasons, including assessing the likelihood of obtaining a patent, refining patent claims, understanding the freedom to operate, and evaluating the potential invalidity of existing patents.

Objectives of a Patent Search:

1. Assess Patentability: Determine the likelihood of securing a patent by identifying prior art that could affect the novelty of the invention.
2. Refine Patent Claims: Identify existing patents to help draft claims that clearly differentiate the invention from prior art.
3. Evaluate Freedom to Operate: Ensure that the invention does not infringe on existing patents, thereby determining the freedom to use, make, or sell the invention.
4. Check for Invalidity: Evaluate whether existing patents are vulnerable to invalidation, which might impact the ability to obtain a patent or enforce patent rights.
5. Understand the Competitive Landscape: Gain insights into similar inventions and their patent statuses to inform strategic decisions and research directions.

Steps in Conducting a Preliminary Patent Search:

1. Brainstorm Keywords: Start by generating terms that describe the invention based on its purpose, composition, and use. These keywords will guide the search process.
2. Find Relevant Classifications: Use the USPTO’s Classification Text Search Tool to identify Cooperative Patent Classifications (CPC) related to your invention. Enter your keywords and review the resulting classifications to find the most relevant ones.
3. Verify CPC Classifications: Check the CPC Classification Definition to confirm that the classifications found are pertinent to your invention.
4. Search U.S. Patents: Use the PatFT (Patents Full-Text and Image) database to locate U.S. patents corresponding to the selected CPC classifications. Focus on the front page information, including abstracts and representative drawings, to narrow down relevant patents.
5. Review Patent Documents: Examine the identified patents in detail, including additional drawings, specifications, and claims. Assess how closely they resemble your invention and note any relevant references cited.
6. Search Published Patent Applications: Access the AppFT (Applications Full-Text and Image) database to find published U.S. patent applications related to the CPC classifications. Follow a similar review process as for patents, paying close attention to the details provided in each application.
7. Expand the Search: Broaden your search by exploring keyword searches in PatFT or AppFT, reviewing non-U.S. patents on the European Patent Office’s Espacenet, and checking non-patent literature. Utilize resources at a Patent and Trademark Resource Center for additional support.

Patent search in India

Conducting a patent search in India is a crucial step for inventors and businesses to determine the novelty of their inventions and ensure they do not infringe on existing patents. The process is facilitated through the Patent database provided by the Indian government.

Key Features of the Patent Search Process:

1. Access and Cost:
   • Patent searches in India are free of charge. Users can access the database through the official portal at IP India Services.
2. Publication Types:
   • Patent searches can be performed based on the publication status of patents. Users can select between published and granted patents by checking the appropriate box on the search interface.
3. Search Categories:
   • The database allows users to search for patents across various categories, including:
     • Application Date: When the patent application was filed.
     • Title: The title of the patent.
     • Abstract: A brief summary of the patent.
     • Complete Specification: Detailed description of the invention.
     • Application Number: Unique number assigned to the patent application.
     • Patent Number: Number assigned to the granted patent.
     • Applicant Number: Identification number of the applicant.
     • Applicant Name: Name of the patent applicant.
     • Inventor Name: Name of the inventor(s).
     • Inventor Country: Country of residence of the inventor.
     • Inventor Address: Address of the inventor.
     • Filing Office: Office where the patent was filed.
     • PCT Application Number: Number for international patent applications under the Patent Cooperation Treaty.
     • PCT Publication Number: Publication number for PCT applications.
4. Search Functionality:
   • Users can refine their search by selecting specific categories from a dropdown menu. Each category includes a search box where keywords related to the patent can be entered. This functionality allows for precise searches by combining multiple keywords.
5. Captcha Code:
   • To ensure security and prevent automated queries, users must complete a captcha verification after entering their search criteria.

Patent Information and Patent Status

Understanding patent information and the status of a patent application is critical for anyone involved in the patenting process. This information helps applicants, researchers, and businesses track the progress and details of patent applications and granted patents. The following outlines the essential components and steps involved in retrieving and interpreting patent information.

Patent Information

Upon entering a patent search query, users can retrieve various details about patents through the Indian Patent Office’s database. Key pieces of information available include:

• Invention Title: The name or title of the patent.
• Publication Number: A unique identifier assigned to the patent publication.
• Publication Date: The date on which the patent was published.
• Publication Type: Indicates whether the publication is a patent application or granted patent.
• Application Number: The unique number assigned to the patent application.
• Application Filing Date: The date on which the patent application was filed.
• Priority Number: A reference number for the priority claim.
• Priority Country: The country where the initial patent application was filed.
• Priority Date: The date of the first filed patent application, which establishes the priority.
• Field of Invention: The specific technical area or category of the invention.
• Classification: The Cooperative Patent Classification (CPC) or other classification systems applied to the patent.
• Inventor Details: Includes the name, address, country, and nationality of the inventor(s).
• Applicant Details: Includes the name, address, country, and nationality of the applicant(s).

Users can access detailed information by selecting various columns related to these categories. For example, selecting the Application Number will provide detailed information on the invention’s title, publication number, and other related details.

Patent Status

The status of a patent application is crucial for understanding its current stage in the patenting process. Users can access the following status-related information:

• Abstract: A brief summary of the patent application, providing an overview of the invention.
• Complete Specification: Detailed technical description of the invention, if provided by the applicant.
• Application Status: An option to view the current status of the application, such as whether it is under examination, granted, or abandoned.

To access the full status of a patent application:

1. Select the Application Number: This action opens the detailed document related to the application.
2. Review Sections: Users can view the invention title, publication number, and other related information in separate columns.
3. Examine the Abstract: The summary provides a quick overview of the patent’s content.
4. Access Complete Specification: For detailed technical information, users can examine the complete specification if available.
5. Check Application Status: This section provides updates on the progress and current state of the patent application.

Basic Criteria for Patentability

To qualify for a patent, an invention must satisfy certain fundamental criteria. These criteria ensure that only innovations that contribute meaningfully to the field and meet specific standards are granted patent protection. The essential criteria for patentability are outlined as follows:

1. Novelty:
   • The invention must be new and not have been previously disclosed in any prior art. This means that the invention should not be part of the public domain or previously known in any form, anywhere in the world.
2. Inventive Step (Non-Obviousness):
   • The invention must involve an inventive step, meaning it should not be obvious to someone skilled in the relevant field. The inventive step ensures that the invention is not a trivial modification of existing knowledge but a significant advancement.
3. Industrial Application:
   • The invention must be capable of being utilized in some kind of industry. This criterion ensures that the invention has practical utility and can be manufactured or used in some form of industry or commerce.
4. Compliance with Specific Provisions:
   • The invention must not fall under the exclusions specified in Sections 3 and 4 of the Patents Act, 1970. These sections outline certain categories and types of inventions that are not eligible for patent protection.

Situations Where an Invention May Not Qualify for a Patent:

An invention may meet the criteria of novelty, inventiveness, and industrial applicability but still be ineligible for a patent under specific conditions:

1. Frivolous or Contrary to Natural Laws:
   • An invention that is frivolous or contradicts well-established natural laws is not patentable. This includes inventions that defy fundamental scientific principles.
2. Contrary to Public Order or Morality:
   • Inventions whose primary use or commercial exploitation could be against public order, morality, or that may cause serious harm to human, animal, or plant life, or the environment are excluded.
3. Discovery of Scientific Principles or Abstract Theories:
   • Mere discoveries of scientific principles, abstract theories, or substances occurring naturally are not patentable. This also includes the discovery of a living or non-living substance in its natural state.
4. New Forms or Properties of Known Substances:
   • Discoveries of new forms of known substances that do not enhance their known efficacy, or new properties or uses for known substances, are not patentable unless the process results in a new product or employs new reactants.
5. Substances Obtained by Mere Admixture:
   • A substance obtained by merely mixing known components without resulting in new properties or functions, or processes for producing such substances, are not patentable.
6. Re-arrangement of Known Devices:
   • Mere re-arrangement, duplication, or combination of known devices, each functioning independently in a known way, is not considered patentable.
7. Agricultural or Horticultural Methods:
   • Methods related to agriculture or horticulture are generally not patentable.
8. Medical Treatment Processes:
   • Processes related to the treatment of humans or animals, including diagnostic, therapeutic, or prophylactic methods, are not eligible for patents.
9. Plants and Animals:
   • Whole plants and animals, or any part thereof, including seeds and varieties, are excluded, with the exception of microorganisms and specific biotechnological processes.
10. Mathematical or Business Methods:
    • Methods related to mathematics, business, or computer programs as such are not patentable.
11. Literary or Artistic Works:
    • Literary, dramatic, musical, artistic works, and other aesthetic creations, including cinematographic works, are excluded from patent protection.
12. Mental Acts and Game Methods:
    • Methods related to performing mental acts or playing games are not patentable.
13. Presentation of Information:
    • Mere presentations of information are not considered inventions and thus not patentable.
14. Topography of Integrated Circuits:
    • The layout or topography of integrated circuits falls outside the scope of patentability.
15. Traditional Knowledge:
    • Inventions that are essentially traditional knowledge or simply aggregations or duplications of known properties are not patentable.

Patent Rights

Patent rights grant inventors exclusive control over their inventions, allowing them to protect and capitalize on their innovations. These rights are crucial for encouraging investment in research and development by providing legal protection against unauthorized use or reproduction of an invention. The scope and specifics of patent rights are detailed as follows:

1. Exclusive Rights:
   • Manufacture and Use: Patent holders have the exclusive right to manufacture, use, sell, and distribute the patented invention. This exclusivity prevents others from making, using, or selling the patented invention without permission.
   • Licensing: Patent owners can license their patents to others, granting permission for use under agreed terms and conditions. Licensing agreements can be exclusive or non-exclusive, depending on the patent holder’s strategy.
2. Geographical Scope:
   • National Protection: Patent rights are territorial, meaning they are only effective within the jurisdiction where the patent is granted. For international protection, inventors must file patents in each country where protection is sought or use international systems such as the Patent Cooperation Treaty (PCT).
3. Duration of Protection:
   • Term: In most jurisdictions, patent protection lasts for 20 years from the filing date of the patent application. This period allows inventors to exploit their invention commercially. After this term, the patent enters the public domain, and the invention can be freely used by others.
4. Rights Enforcement:
   • Infringement: Patent holders can enforce their rights through legal action against unauthorized use, reproduction, or distribution of their invention. This may involve litigation in civil courts to seek remedies such as injunctions and damages.
   • Defense Against Infringement Claims: Patent holders must also defend their patents against claims of infringement, ensuring that their patents are not invalidated or contested.
5. Patent Maintenance:
   • Fees and Renewals: To maintain patent protection, holders must pay periodic maintenance fees to the relevant patent office. Failure to pay these fees can result in the lapse of the patent, causing the loss of exclusive rights.
6. Patent Assignment and Transfer:
   • Assignment: Patent rights can be transferred through assignment, where the patent holder transfers ownership to another entity. This process requires formal documentation and registration with the patent office to be legally effective.
   • Inheritance: Patent rights can be inherited according to the laws of the jurisdiction in which the patent was granted, often through estate planning.
7. Moral Rights:
   • Attribution: Some jurisdictions recognize moral rights associated with patents, such as the right of attribution, which allows inventors to be credited for their inventions. These rights are distinct from the economic rights granted by the patent.
8. Limitations and Exclusions:
   • Public Use and Fair Use: Patent rights are subject to limitations to ensure that they do not unduly restrict public access to essential technologies or hinder competition. Fair use provisions may allow limited use of patented technologies without infringing on the patent holder’s rights.

Patent Act 1970 and its amendments

The Patent Act of 1970 is a significant piece of legislation in India that governs the patenting process and intellectual property rights related to inventions. This Act, along with its subsequent amendments, has played a crucial role in shaping the patent system in India. The Act was enacted to simplify the patent process and align India’s patent laws with international standards. Here is an overview of the Patent Act 1970 and its key amendments:

Purpose and Objectives:

• The Patent Act 1970 was introduced to consolidate and amend the law relating to patents in India. Its primary objectives were to encourage innovation by providing protection to inventors, simplify the patent application process, and ensure that the patent system promotes the progress of science and technology.

Key Provisions:

1. Patentable Inventions:
   • Defines what constitutes a patentable invention, including requirements for novelty, inventive step, and industrial applicability.
   • Excludes certain inventions from patentability, such as mere discoveries, abstract theories, and inventions contrary to public morality.
2. Patent Application Process:
   • Outlines the process for filing patent applications, including the preparation of specifications, examination procedures, and grant of patents.
3. Rights and Obligations:
   • Grants exclusive rights to patentees, including the right to make, use, and sell the invention.
   • Specifies obligations such as maintaining the patent and paying renewal fees.
4. Patent Enforcement:
   • Provides mechanisms for enforcement of patent rights, including remedies for infringement.
5. Patent Office and Authorities:
   • Establishes the Patent Office and defines its functions, including examination and granting of patents.

Key Amendments to the Patent Act 1970

1. Amendment Act of 1999:

• TRIPS Compliance: The 1999 amendment was introduced to bring Indian patent law in compliance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which India was required to adhere to as a member of the World Trade Organization (WTO).
• Product Patents: The amendment allowed for the grant of product patents in pharmaceuticals and agro-chemicals, which was previously restricted to process patents.
• Term of Patent: Extended the term of patents from 14 years to 20 years.
• Pre-Grant Opposition: Introduced the provision for pre-grant opposition to challenge patent applications before the grant.
• Exclusive Marketing Rights: Removed the provision for Exclusive Marketing Rights (EMR), replacing it with product patent protection.

2. Amendment Act of 2002:

• Biotech Patents: Introduced provisions for the protection of biotechnological inventions, including genetically modified organisms and processes.
• Compulsory Licensing: Clarified provisions related to compulsory licensing, allowing the government to grant licenses in certain circumstances to ensure availability of essential medicines.
• Patent Term Extension: Provided for a six-month extension of patent term in certain cases to compensate for delays in the patent office.

3. Amendment Act of 2005:

• Patentability Criteria: Further refined the criteria for patentability, including the definition of “inventive step” and “industrial applicability.”
• Post-Grant Opposition: Allowed for post-grant opposition, enabling challenges to the validity of granted patents.
• Patent Application Requirements: Updated requirements for patent applications, including the need for a detailed specification and claims.
• Transitional Provisions: Introduced transitional provisions to address applications and patents filed before the amendment came into force.

4. Amendment Act of 2016:

• Patent Office Procedures: Streamlined procedures at the Patent Office to improve efficiency and reduce delays.
• Patent Examination: Enhanced provisions related to the examination of patent applications, including the introduction of expedited examination for certain categories of patents.
• Patent Granting Process: Updated the process for granting patents, including the handling of international patent applications and patents filed through the Patent Cooperation Treaty (PCT).

Procedure for Filing a Patent in India

The process for securing a patent in India involves several structured steps, ensuring that each application is thoroughly evaluated and processed. The following outlines the sequential procedure for filing and obtaining a patent:

1. Filing of Application

• Initiation: The patent application must be filed by the inventor(s), their assignee, or a legal representative. Alternatively, a patent attorney may file on behalf of the inventor(s).
• Jurisdiction: The application is submitted to one of the four regional Patent Offices located in New Delhi, Chennai, Mumbai, or Kolkata. Each office has a specific territorial jurisdiction.
• Documentation: The application must include the prescribed form, required fees, and both provisional and, if available, complete specifications.

2. Filing of Complete Specifications

• Initial Filing: If the complete specification is not submitted initially, it must be filed within 12 months from the provisional filing date.
• Extensions: An extension of 3 to 6 months is possible by submitting a request on Form 5 along with the required fees.
• Consequences of Delay: Failure to file the complete specification within the designated period results in the application being considered abandoned, and no further actions will be taken by the Patent Office.

3. Notification in the Patent Office Journal

• Publication: After filing, the application is assigned a date and published in the Patent Office Journal after 18 months.
• Access: The application details and specifications are made publicly accessible via the Patent Office website, though the contents remain confidential until publication.

4. Request for Examination

• Timing: Examination of the application will only commence upon receipt of a request for examination, which must be submitted within 48 months from the application date.
• Implications: Failure to request examination within this period results in the application being deemed withdrawn.

5. Examination of Patent Application

• Procedure: Examination occurs only after the request is made. The applicant must respond to the First Examination Report within 12 months.
• Purpose: This step ensures that the application meets all patentability requirements before proceeding to grant.

6. Grant of Patent

• Issuance: If the application meets all criteria, a patent is granted, and a serial number is assigned.
• Notification: The grant is published in the Patent Office Journal, and the patent specification, along with other relevant documents, becomes publicly available.
• Certificate: The applicant receives a patent certificate detailing the patent title, date of grant, and patentee information. The grant is also recorded in the patent register.

7. Opposition Against Grant of Patent

• Pre-grant Opposition:
  • Timeline: Any person can file an opposition by way of representation to the Controller at any time after publication and before the patent grant.
  • Procedure: The opponent must provide evidence supporting their claim and may request a hearing. The Controller, after hearing both parties, may either grant or refuse the patent based on the representation.
• Post-grant Opposition:
  • Timeline: Any interested party can file an opposition within 12 months from the grant publication date using Form 7.
  • Procedure: The opposition is referred to an Opposition Board, which reviews the case. Following the Board’s recommendation and a hearing, the Controller may maintain, amend, or revoke the patent.

8. Role of Patent Attorneys

• Complexity: Given the complexity and legal nature of the patent process, patent attorneys are often employed to navigate the procedure effectively.
• Support: These professionals assist in preparing, filing, and managing patent applications, ensuring compliance with legal requirements.

Filing a Patent Application in Other Countries

When seeking patent protection internationally, the process begins with an initial filing in the inventor’s home country. For Indian inventors, this typically involves filing a provisional patent application with one of the four Regional Patent Offices in India. Following this, there are two primary avenues for securing patent protection in other countries:

Option 1: Direct Filing in Each Country

• Timeline: Inventors must file separate patent applications in each country of interest within 12 months from the date of the initial Indian patent application.
• Process: This approach involves preparing and submitting a distinct application in each jurisdiction where protection is sought. Each application must comply with the local patent laws and regulations of the respective country.
• Considerations: This method requires significant coordination and can be costly due to the need to pay filing fees and potentially engage local patent attorneys in each country.

Option 2: Filing a Patent Cooperation Treaty (PCT) Application

• Overview: Instead of filing individual applications in each country, inventors can file a single PCT application within 12 months of the initial Indian patent application. The PCT system facilitates the process of obtaining international patent protection.
• Advantages:
  • Extended Timeline: The PCT application provides up to 30 or 31 months from the priority date (i.e., the date of the initial Indian application) to file national or regional applications in member countries. This delays the immediate costs associated with multiple national filings.
  • International Search Report: The PCT application includes an international search report and written opinion on the novelty and prior art of the invention. This report is available within 18 months and helps assess the potential patentability of the invention.
  • International Preliminary Examination: By requesting an international preliminary examination, the applicant can address and amend objections related to patentability before proceeding with national filings. This can prevent unnecessary litigation costs by allowing the applicant to abandon the application if the preliminary findings are unfavorable.
• Subsequent Steps: After receiving the international search report and preliminary examination (if requested), the applicant must file separate national or regional applications in the desired countries before the 30 or 31-month period elapses. This involves paying additional fees as prescribed by each country.

What is a Patentable Invention?

A patentable invention, as defined by the Indian Patent Act, must meet specific criteria to qualify for patent protection. This definition ensures that patents are granted only to innovations that fulfill certain requirements of novelty, inventive step, and industrial application. Below is a detailed explanation of each criterion that an invention must satisfy to be patentable.

1. Novelty

• Definition of Novelty
  • New Invention: For an invention to be considered novel, it must be new. This means it should not be part of the existing state-of-the-art, which refers to the collective knowledge available to the public before the filing date of the patent application.
  • State-of-the-Art: The state-of-the-art includes all information that has been made publicly available, either through written publications, oral disclosures, or any other form of public knowledge.
• Priority Date
  • Establishment of Novelty: An invention is assessed for novelty based on its priority date, which is typically the date the patent application is filed. If the invention has been publicly disclosed before this date, it is no longer considered novel.
  • Example: A design for a ballpoint pen was denied a patent because the inventor had published details about it before filing the patent application, rendering the invention part of the prior art.

2. Inventive Step

• Definition of Inventive Step
  • Non-Obviousness: An invention must involve an inventive step, meaning it should not be obvious to someone skilled in the relevant field based on prior knowledge. It should represent more than a trivial or straightforward development of existing technology.
  • Context of Prior Art: The inventive step is evaluated in the context of existing publications or prior use. It is assessed whether the invention advances beyond what is already known and practiced.
• Examples of Inventive Step
  • Pharmaceutical and Chemical Industries: Improvements in processes that enhance efficiency, such as drying substances while preserving their desired characteristics, can be examples of inventive steps.
  • Legal Precedent: In a case involving a tube well strainer, the Lahore High Court upheld a patent for a strainer that used a new manufacturing process. This process was different from a prior American design and offered distinct advantages for its intended use, demonstrating an inventive step.

3. Industrial Application

• Definition of Industrial Application
  • Practical Utility: The invention must be capable of industrial application, meaning it should be usable or manufacturable in an industry. This requirement ensures that the invention has practical utility beyond theoretical or aesthetic applications.
  • Broad Scope: The term “industry” encompasses a wide range of practical activities, not just traditional manufacturing or machinery use. It includes any practical and useful application of the invention.
• Scope of Industrial Application
  • Useful Activity: The invention should contribute to practical, functional applications, such as improving efficiency or solving specific problems in various fields, including but not limited to technology, pharmaceuticals, or manufacturing.

Things That Cannot Be Patented

The following points outline what cannot be patented:

1. Frivolous or Non-viable Inventions

• Definition: Inventions that are considered frivolous or that blatantly violate established natural laws are excluded from patentability.
• Examples: Devices such as perpetual motion machines, which defy the second law of thermodynamics, are not patentable.

2. Inventions Contradicting Public Morality or Health

• Definition: Inventions whose primary use is deemed contrary to public order, morality, or that could cause significant harm to health or the environment are excluded.
• Examples: Devices or processes for counterfeiting or illegal drug production are not patentable.

3. Discoveries of Natural Phenomena and Abstract Theories

• Definition: Mere discoveries of natural principles, abstract theories, or existing substances are not patentable.
• Examples: Theories such as relativity, natural substances in their unaltered form, or abstract concepts like astrology cannot be patented.

4. Mere Admixtures or Aggregations of Existing Components

• Definition: A substance formed by simply mixing components without creating a new chemical property or effect is not patentable.
• Examples: A combination of known drugs or chemicals that does not produce a new or enhanced effect is excluded.

5. Re-arrangement of Known Devices

• Definition: Inventions that involve the re-arrangement or mere assembly of existing devices, each functioning independently, do not qualify for patents.
• Examples: Attaching a fan to an umbrella, where both items function separately, is not considered an inventive step.

6. Processes for Medical or Veterinary Treatments

• Definition: Methods for the treatment of humans, animals, or plants that focus on curative or preventive aspects are not patentable.
• Examples: Cosmetic surgeries, therapeutic treatments, and methods to increase the economic value of agricultural products are excluded.

7. Inventions Relating to Atomic Energy

• Definition: The Indian Patent Act specifically excludes patents related to atomic energy and associated technologies.
• Examples: Processes and products related to nuclear energy and safety in atomic energy operations are not patentable.

8. Defence and Strategic Technologies

• Definition: Inventions related to weapons and technologies used by defense forces, including chemical and biological warfare tools, are not patentable.
• Exceptions: Technologies with dual-use applications in both civilian and defense sectors may be patented, but only within civilian applications.

9. Methods of Agriculture or Horticulture

• Definition: Methods specific to agricultural or horticultural practices are not patentable.
• Examples: Techniques and processes related to farming or plant cultivation are excluded.

10. Plants and Animals

• Definition: Plants and animals, including seeds, varieties, and biological processes for their production, are not patentable.
• Exceptions: Micro-organisms and genetically modified entities may be patentable in some jurisdictions.

11. Mathematical and Business Methods

• Definition: Mathematical algorithms, business methods, or computer programs considered as abstract ideas are not patentable.
• Examples: Pure algorithms and business models, though they may be implemented in software, do not qualify for patent protection.

12. Aesthetic Creations

• Definition: Literary, dramatic, musical, or artistic works, including cinematographic and television productions, are excluded.
• Examples: Artistic expressions and creative works fall outside the scope of patent law.

13. Mental Acts and Games

• Definition: Methods of performing mental acts or playing games are not patentable.
• Examples: Strategies for mental exercises or game rules do not qualify for patents.

14. Presentations of Information

• Definition: Simple presentations or methods of presenting information are not patentable.
• Examples: Data visualizations or informational layouts do not meet patent criteria.

15. Topography of Integrated Circuits

• Definition: The design or layout of integrated circuit topographies is excluded from patent protection.
• Examples: The arrangement of circuit elements on semiconductor chips falls outside the patent scope.

16. Traditional Knowledge

• Definition: Inventions based on traditional knowledge or those that aggregate known properties without innovation are not patentable.
• Examples: Inventions that replicate traditional practices or known components without novel aspects are excluded.

17. New Forms of Known Substances

• Definition: Discoveries of new forms of known substances that do not enhance their known efficacy are not patentable.
• Examples: Identifying a new form of a substance without new effects or uses does not qualify for a patent.

Consequences of Grant of Patent

A patent, once granted, provides the patentee with a range of exclusive rights and imposes certain limitations. Understanding these implications is crucial for both patentees and third parties involved in the commercialization and use of patented technologies.

Rights of a Patentee

1. Exclusivity of Exploitation
   • Product Patents: The patentee has the exclusive right to manufacture, use, sell, or import the patented product within the jurisdiction (e.g., India).
   • Process Patents: For patents covering methods or processes, the patentee has exclusive rights to use or implement the process.
2. Prevention of Unauthorized Use
   • The patentee can prevent others from making, using, or selling the patented invention without permission.
3. Term of Patent
   • Patents are valid for twenty years from the filing date of the application. To maintain validity, annual renewal fees must be paid. Failure to do so results in the loss of patent rights.
4. Licensing and Assignment
   • Patentees can license their rights to others or assign their patent to another party. Such arrangements must be documented in writing and registered with the Controller of Patents.
5. Surrender of Patent
   • Patentees may voluntarily surrender their patent by notifying the Controller, who will then publicize the offer to allow for any potential objections.
6. Legal Recourse for Infringement
   • The patentee has the right to initiate legal proceedings for infringement in an appropriate court.

Limitations on Patentee’s Rights

1. Government Use
   • Patented inventions may be used by or on behalf of the government for public purposes without the patentee’s consent. This includes manufacturing, using, or vending for government-related activities.
2. Research and Education
   • Patented products or processes can be used for experimental purposes, research, or educational instruction.
3. Compulsory Licensing for Medicines
   • In the case of medicines or drugs, the government can import or distribute them for public use, including in hospitals and dispensaries.

Acquisition of Patents by the Central Government

• Public Purpose Acquisition
  • The Central Government can acquire patents if deemed necessary for public purposes. A formal notification in the Gazette is required, and compensation must be negotiated with the patentee.

Compulsory Licenses

1. Purpose
   • The grant of compulsory licenses aims to ensure that patents are worked on a commercial scale and that the benefits of the invention are accessible to the public at reasonable prices.
2. Conditions for Granting
   • Compulsory licenses may be granted if:
     • The public’s reasonable requirements for the invention are unmet.
     • The invention is not available at a reasonable price.
     • The invention is not utilized in India.
3. Process and Review
   • The Controller evaluates applications for compulsory licenses based on factors like the nature of the invention and the patentee’s efforts to utilize it. Special provisions exist for national emergencies or public non-commercial use.
4. Termination of Compulsory License
   • Compulsory licenses may be terminated upon request if the original grounds for the license no longer apply. The interests of the licensee must be considered in such cases.

Inventions for Defence Purposes

• Secrecy Directions
  • If an invention is deemed relevant for defense, the Controller may impose secrecy directions, which are reviewed periodically. Such directions prevent publication and restrict the patent application process.
• Restrictions
  • No application for such inventions can be filed outside India without written permission from the Controller. Decisions regarding secrecy are final and non-appealable.

Revocation of Patents

1. Grounds for Revocation
   • Patents may be revoked for non-working, or if the invention does not meet the public’s reasonable requirements or is not available at a reasonable price. Applications for revocation can be made after two years from the grant of a compulsory license.
2. Process
   • The Controller reviews revocation applications, considering any opposition from the patentee before making a decision.

Transfer of Patent

The transfer of a patent refers to the process through which the rights associated with a patent are assigned or licensed to another party. This process is governed by specific legal and procedural requirements to ensure that the transfer is valid and properly documented.

Methods of Transfer

1. Assignment
   • Definition: Assignment involves the transfer of ownership or partial rights in a patent from the original patentee to another individual or entity. The transferee is known as the assignee, while the original patentee is the assignor.
   • Types of Assignment:
     • Legal Assignment:
       • Description: A legal assignment is formalized through a written agreement, which is then registered with the Patent Office. The assignee’s name is recorded in the Register of Patents as the new owner.
       • Rights Conferred: The legal assignee acquires all the rights previously held by the assignor.
     • Equitable Assignment:
       • Description: This type of assignment occurs when the patentee grants certain defined rights to another party through a document, such as a letter, rather than a formal agreement. Unlike legal assignments, equitable assignments are not registered in the Register of Patents.
       • Conversion: Equitable assignments can be converted to legal assignments by formalizing and registering the document.
     • Mortgage:
       • Description: A mortgage involves transferring patent rights to secure a loan or debt. The patentee retains the right to reclaim the patent upon repayment of the secured sum.
       • Reversion: The patent can be re-transferred to the patentee once the mortgage amount is refunded.
2. Licence
   • Definition: A licence permits another party to make, use, or exercise a patented invention without transferring ownership. The party receiving the licence is referred to as the licensee.
   • Types of Licences:
     • Voluntary Licence:
       • Description: Issued through a mutual agreement between the patentee and licensee, a voluntary licence allows the licensee to use the patented invention under agreed terms without intervention from the Controller of Patents or the Central Government.
     • Statutory Licence:
       • Description: This type of licence is granted by the Controller of Patents or the Central Government, often as a compulsory measure. The terms are imposed regardless of the patentee’s wishes.
     • Exclusive Licence:
       • Description: An exclusive licence grants the licensee the sole right to make, use, sell, or distribute the patented invention, excluding all other parties. Exclusive licensees have the authority to pursue infringement actions.
       • Restrictions: The patentee can impose certain conditions, but these cannot contravene public interest norms. For instance, a condition requiring the licensee to purchase non-patented items from the patentee is not permissible.
3. Transmission of Right by Operation of Law
   • Upon Death: When a patentee passes away, their patent rights are transferred to their legal representatives.
   • Government Acquisition: The Central Government may acquire patent rights from the patentee for public purposes, following specific legal procedures.

Legal and Procedural Requirements

1. Documentation and Registration
   • All assignments and licences must be documented in writing and registered with the Controller of Patents. This ensures that the rights and obligations of all parties involved are clearly outlined and legally enforceable.
2. Application for Registration
   • The person receiving the patent rights or licence must apply in writing to the Controller for the registration of the title or interest. This step is essential for formalizing the transfer and updating public records.

Infringement of Patent

Patent infringement occurs when an individual or entity engages in activities that violate the exclusive rights granted to a patent holder. The patent holder’s rights include making, using, selling, or distributing the patented invention. Understanding the parameters and legal procedures for addressing patent infringement is essential for both patentees and alleged infringers.

What Constitutes Patent Infringement?

1. Exclusive Rights and Violations
   • Definition of Rights: A patentee has exclusive rights to make, use, sell, or distribute the patented invention within the jurisdiction.
   • Infringement Criteria: Infringement occurs when a third party, without authorization, engages in any of these activities, breaching the patentee’s exclusive rights.
2. Determining Infringement
   • Specification and Claims: To ascertain infringement, one must refer to the patent’s specification and claims. These documents detail the scope of the patentee’s rights and the extent of the monopoly.
   • Burden of Proof:
     • Process Patents: If the patent involves a process for manufacturing a product, the alleged infringer must demonstrate that their manufacturing process differs from the patented process.
     • Product Patents: Conversely, the patentee must prove that the infringing product is identical to the product derived from their patented process and that the infringer’s process cannot be determined despite reasonable efforts.
3. Types of Infringing Acts
   • Colourable Imitation: This involves creating a product or process that closely resembles the patented invention, to the point where it could be mistaken for it.
   • Copying Essential Features: If the infringer reproduces fundamental aspects of the patented invention, this constitutes infringement.
   • Variation of Non-Essential Features: Minor modifications to non-essential features of the patent may still lead to infringement if the core elements are copied.
   • Chemical or Mechanical Equivalents: Using equivalents that perform the same function in a substantially similar way may also be considered infringement.

Legal Proceedings for Infringement

1. Initiating a Suit
   • Jurisdiction: Infringement suits must be filed in a District Court with jurisdiction over patent matters.
   • Patent Sealing Requirement: Legal action for infringement can only commence after the patent has been sealed. Claims for damages due to infringement during the period between the advertisement of acceptance and sealing can be pursued separately.
2. Post-Term Infringement
   • Expired Patents: Suits for infringement can be filed to claim damages for violations that occurred within the term of the patent, even if the patent has since expired.
   • Restored Patents: If a patent lapses and is later restored, no infringement actions can be taken for violations that occurred between the lapse and restoration dates.
3. Infringement Exceptions
   • Experimental Use: Using a patented invention for experimentation, research, or educational purposes does not constitute infringement.
   • Regulatory Development: Activities aimed at gathering information for regulatory compliance also do not amount to infringement.
   • Authorized Imports: Importing patented products from an authorized source, as per the patentee’s consent, is not considered infringement.

Legal Remedies and Reliefs

1. Types of Relief
   • Injunction: A court may grant an injunction to prevent ongoing infringement during the legal proceedings. This remedy is discretionary and aims to halt the infringement.
   • Damages: This compensates the patentee for financial losses resulting from the infringement.
   • Accounts: The court may order the infringer to account for the profits made from the infringement. If no profits are realized, this remedy is not applicable.
   • Other Reliefs: The court may also issue orders for the seizure, forfeiture, or destruction of infringing goods and materials.
2. Choice of Remedies
   • Alternative Remedies: The patentee can choose between damages and accounts but cannot receive both simultaneously. The “otherwise” provision allows the court to grant any other necessary reliefs to fully address the infringement.

Examples of Patents

Patents cover a wide range of innovations across various fields. Here are some notable examples of patents that illustrate the diversity and scope of patentable inventions:

1. The Telephone

• Patent Holder: Alexander Graham Bell
• Patent Number: US Patent No. 174,465 (1876)
• Description: This patent was for an “improvement in telegraphy,” which involved the transmission of vocal or other sounds telegraphically. It is one of the most significant patents in the field of communication.

2. The Light Bulb

• Patent Holder: Thomas Edison
• Patent Number: US Patent No. 223,898 (1880)
• Description: Edison’s patent covered an electric light bulb with a filament that could glow without breaking. This invention revolutionized lighting and has had a profound impact on daily life.

3. The Airplane

• Patent Holders: Orville and Wilbur Wright
• Patent Number: US Patent No. 821,393 (1906)
• Description: The Wright brothers’ patent was for their method of controlling an airplane in flight, which was crucial for the development of practical, controlled flight.

4. The Post-It Note

• Patent Holders: Arthur Fry and Spencer Silver
• Patent Number: US Patent No. 3,691,140 (1972)
• Description: This patent covered a repositionable pressure-sensitive adhesive, leading to the creation of the Post-It Note, a widely used office supply product.

5. The CRISPR-Cas9 Gene Editing System

• Patent Holders: Jennifer Doudna and Emmanuelle Charpentier
• Patent Number: US Patent No. 8,697,359 (2014)
• Description: This patent covers the CRISPR-Cas9 technology, a revolutionary gene-editing tool that allows precise modifications to DNA. It has wide applications in genetics, medicine, and biotechnology.

6. The Synthetic Polymers

• Patent Holder: Wallace Carothers
• Patent Number: US Patent No. 2,182,147 (1939)
• Description: Carothers’ patent was for the invention of nylon, one of the first synthetic fibers. Nylon has become a staple material in textiles, plastics, and other applications.

7. The GPS Technology

• Patent Holders: U.S. Department of Defense (various inventors)
• Patent Numbers: Various patents related to GPS technology
• Description: The patents cover the Global Positioning System (GPS), which provides precise location data for navigation and timing. It has transformed navigation in various industries, including transportation and telecommunications.

8. The EpiPen

• Patent Holder: Daniel M. Salomon
• Patent Number: US Patent No. 4,254,783 (1981)
• Description: The EpiPen patent covers a device for delivering a measured dose of epinephrine to treat severe allergic reactions. It is a critical tool in emergency medical care.

Advantages of Patents

Patents offer several advantages to inventors, businesses, and society as a whole. Here are some key benefits:

• Exclusive Rights: Patents give inventors exclusive rights to their inventions for a certain period (usually 20 years from the filing date). This means others cannot make, use, sell, or distribute the patented invention without permission.
• Market Advantage: By securing a patent, inventors can gain a competitive edge in the market. It allows them to capitalize on their innovation without immediate competition.
• Revenue Generation: Patents can be monetized through licensing agreements or sales. Companies and individuals can generate income by allowing others to use their patented technology.
• Attract Investment: Patents can make a business more attractive to investors by demonstrating innovation and providing a potential for profitability.
• Brand Value and Recognition: Owning patents can enhance a company’s reputation as a leader in technology and innovation, contributing to its overall brand value.
• Encouragement of Research and Development: The prospect of obtaining a patent can incentivize investment in research and development, leading to more technological advancements.
• Legal Protection: Patents provide legal protection against infringement, helping inventors defend their innovations in court if necessary.
• Knowledge Dissemination: Patents require detailed public disclosure of the invention, which contributes to the body of scientific and technical knowledge and can spur further innovation.
• Business Strategy: Patents can be used strategically to negotiate with competitors, secure partnerships, or enter new markets.

Limitations of Patents

While patents offer several advantages, they also come with limitations and challenges:

• Costly Process: Obtaining and maintaining a patent can be expensive. Costs include filing fees, legal fees for drafting and prosecuting the patent application, and maintenance fees to keep the patent in force.
• Time-Consuming: The patent application process can be lengthy, often taking several years from filing to grant. This can delay the time before an inventor or company can benefit from their innovation.
• Limited Duration: Patents are not indefinite; they generally last for 20 years from the filing date. After this period, the patent enters the public domain, and anyone can use the invention without permission.
• Geographical Limitations: A patent only provides protection in the countries where it is granted. To protect an invention in multiple countries, an inventor must apply for patents in each jurisdiction, which can be complex and costly.
• Disclosure Requirement: Patents require public disclosure of the invention, which means the details of the invention are made available to others. This can sometimes lead to competitors learning about and potentially building upon the technology.
• Enforcement Challenges: Patents can be difficult and expensive to enforce. Defending a patent against infringement may require substantial resources, including legal action.
• Not a Guarantee of Market Success: Holding a patent does not guarantee commercial success. The invention may still face challenges in the market, such as competition, market demand, or technical feasibility.
• Risk of Patent Trolls: Some entities, known as patent trolls, acquire patents not to develop technology but to enforce them aggressively against others, often leading to costly legal battles.
• Narrow Scope: The scope of a patent is defined by its claims. If the claims are too narrow, the patent may not offer broad protection, which can limit its value.
• Potential for Obsolescence: Technological advancements can render patents obsolete. An invention that is groundbreaking today might become irrelevant due to newer innovations.

Fun Facts

• Did you know the world’s first patent was granted in 1421 in Florence, Italy, to Filippo Brunelleschi for his innovative dome-building method?
• Can you believe that the United States Patent and Trademark Office (USPTO) has granted over 11 million patents since its establishment in 1790?
• Did you know the most expensive patent ever was for the CRISPR-Cas9 gene-editing technology, valued at approximately $500 million?
• Have you heard that the U.S. Patent and Trademark Office granted a patent for a genetically modified mouse called the “Oncomouse” in 1988?
• Can you imagine that the recipe for Coca-Cola is patented, although the exact formula remains a closely guarded secret?
• Did you know Batman’s utility belt from the comics and movies is protected by a patent covering its unique design and functionality?
• Can you believe Thomas Edison held over 1,000 patents, including those for the electric light bulb and the phonograph?
• Did you know the board game Monopoly was patented in 1935, covering both its design and rules?
• Can you imagine that most patents last for 20 years from the filing date, though the duration can vary depending on the type and country?
• Did you know everyday items like the paperclip, microwave oven, and toothbrush all have patents protecting their unique features?