Examining Issues Involving Patents
The patent is one of the most important intellectual properties which is nothing but an exclusive right granted granted for an invention which may be in relation to a product or a process. How the society gains by giving protection to this right? Patents provide incentives to individuals by recognizing the creativity and material reward for their marketable invention. The incentives provided thus encourage innovation which significantly contributes to enhancement of quality in society . All patent owners are under an obligation to publicly disclose information on their information in order to enrich the total body of knowledge in the world in return for such protection. This enables and ensures further development in the realm of knowledge apart from providing inspiration to the future generations.
There are certain steps involved I securing a patent and the first in this regard is filing of a patent application. The application must have a title of the invention as well as indication of th the technical field, the background and an apt description. The language should be free from all ambiguities. Usually such descriptions are accompanied by visual materials viz., drawings, plans or diagrams to elucidate the description. It must also contain claims which determines the extent of protection granted by the patent.
It is important to note all inventions are not patentable. Only those inventions which are of practical use and characterized by novelty can be patented. It should not be something which is already known to the world. There are certain subject matters which have been excluded from patentability in many countries such scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods or methods for medical treatment.
A patent is granted by a national patent office or by a regional office which are in existence in many countries. With the establishment WIPO-administered Patent Cooperation Treaty now it is possible to file a single international patent application and when a patent is is obtained through such an international application, it would be protected in as many countries the applicant seeks protection from. As there are no provisions for world patents or international patents at the moment, an application for a patent has to be made and filed which would granted and enforced in each country in which the applicant seeks protection subject to the laws of that country in this regard. The European Patent Office and The African Regional Intellectual Property Organization accept and grant regional patent applications, which would be valid in the all the countries of that region.
In order to search patent applications and patents which have been granted, some national or regional patent offices provide free-of-charge electronic database. WIPO provides acess to a comprehensive electronic database on published international patent application filed under the PCT system from 1978 till date in image format and to fully searchable text of descriptions and claims for PCT International Applications filed as from 1998. WIPO Paten Information Services provides free-of-charge services for users in developing countries who are keen to obtain technical knowledge.
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