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EDITORIAL
Year : 2016  |  Volume : 7  |  Issue : 2  |  Page : 31  

Patent: A priceless element for intellectuality


Editor, Journal of Advanced Pharmaceutical Technology and Research (JAPTR), Editor in Chief, SPER Times Secretary, Society of Pharmaceutical Education and Research, 22 C, Jawahar Colony, Gwalior - 474 001, Madhya Pradesh, India

Date of Web Publication6-Apr-2016

Correspondence Address:
Upendra Nagaich
Editor, Journal of Advanced Pharmaceutical Technology and Research (JAPTR), Editor in Chief, SPER Times Secretary, Society of Pharmaceutical Education and Research, 22 C, Jawahar Colony, Gwalior - 474 001, Madhya Pradesh
India
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Source of Support: None, Conflict of Interest: None


DOI: 10.4103/2231-4040.179746

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How to cite this article:
Nagaich U. Patent: A priceless element for intellectuality. J Adv Pharm Technol Res 2016;7:31

How to cite this URL:
Nagaich U. Patent: A priceless element for intellectuality. J Adv Pharm Technol Res [serial online] 2016 [cited 2020 Sep 19];7:31. Available from: http://www.japtr.org/text.asp?2016/7/2/31/179746

Dear Friends,

Creations of the mind, namely inventions; literary and artistic works; and symbols, names, and images used in commerce, are referred as intellectual property. It is basically divided into two wide categories: One includes scientific and technical works such as patents for inventions, trademarks, industrial designs, and geographical indications while literary works such as novels, plays, films, and music; artistic works, for example, drawings, paintings and sculptures, and architectural design are covered under the head of copyright. Intellectual property rights give consent to creators, or owners, of patents, trademarks or copyrighted works to get profit from their own work or creation. Universal declaration of human rights (Article 27) summarizes the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary, or artistic productions. World Intellectual Property Organization (WIPO) recognized the significance of intellectual property through its two treaties, i.e. Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886).

Now discussing the patent, an exclusive right granted for an invention - a product or process which is novel and innovative, or that proffers a recent technical solution to a problem. With the help of patent, owner gets protection of their inventions for the period of 20 years. The criteria for an invention to be patentable include "novelty," i.e., some new characteristic of prior existing knowledge or an "inventive step" which could not be inferred by a person with average knowledge of the technical field. The term "protection of patent" means no one can use, commercially manufacture, distribute, or sold the invention without patent owner's permission. On the contrary, if any third party challenge against the patent successfully, then court can also declare the patent invalid. According to regulations, patent owner can permit other parties to utilize their inventions on mutually agreed terms or may sell to someone else, who then become the new possessor of the patent. On the other end, the term "becoming off patent" means the expiration of protection of patent and availability of invention for public use. National patent office grants patent within its borders while the WIPO-administered patent cooperation treaty provides for the filing of a single international patent application which allows patent to be used in more than one designated countries. The initial step in protection of invention is to file a patent application which generally includes the title of the invention, indication of its technical field, background and a description of the invention, in clear language and enough detail that an average understanding individual of the same field could use, or reproduce the invention. Such descriptions are usually supplemented by visual materials such as drawings, plans, or diagrams which describe the invention in greater detail. Various "claims" have also been made in the application to determine the extent of protection to be granted by the patent.

 
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Dr. Upendra Nagaich




 

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