Short Essay on Patent Rights – Creativity, industry and enterprise need protection and encouragement. Intellectual Property Rights (IPR) seeks to provide all these.
Patent is the exclusive legal right of the inventor to derive benefit from his invention.
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Under the Patents Act the inventor is entitled to prevent others from using, making and selling his inventions for a period of twenty years.
For grant of patent, the patentee must disclose the secret of his invention to the Registry of patents and the disclosure shall be easy and simple for the public to perform the invention based on such disclosure.
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This provides the patentee an exclusive legal basis to receive payments from whosoever wishes to use his invention in any form.
The Trade Related Intellectual Property Rights (TRIPs) Agreement is the most comprehensive multilateral agreement on intellectual property and patents.
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The patent can be obtained with respect to an invention or a process, the condition being that it should be new because no one can be allowed to exclusively derive commercial benefit out of something that was always there, be it a product or a process or technology.
Patents Act provides for the grant of patent and the enforcement of the rights of the patentee. The Patents Act also contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to criminal procedure etc.
Like all laws relating to Intellectual Property Laws, the patent law is also about promoting enterprise without harming the interests of the society at large. This is done by balancing the interests of the inventor and the interests of the users.