PATENTS

Once any method, concept or invention for the business is used, chancesmight bethere that anyone else in the same industry or another is using that technique formulated by the owner of such patent. From protecting you from such situation patent is basically an exclusive right granted for doing something new. Also, you get the right to stop others from using it without your permission. Permission might be granted by you for permitting other parties for using the invention on the mutually agreed terms and conditions. You can also transfer your rights to someone else who would then become the new owner.

If one is not sole owner in this invention then you need to apply for patents as joint inventors. And, if one is not involved in any invention directly and the also applying for the patent the criminal penalty may be filed on such person and the patent would also get invalidated. If you have participated only on financial terms, you cannot be termed as joint inventor.

What is patentable?

Three tests are required to be passed so that the invention is considered as patentable. First, it must be new which means that the invention was not in existence previously. Second, the invention must include a significant improvement to technology already existing. Simple changes to previously known devices do not comprise a patentable invention. Finally, the proposed invention must be useful for everyone. Legal experts interpret that to mean that no patent will be granted for inventions that are illegal or immoral purpose.

Under the Indian patent lawonly for an invention that is useful and new, a patent can be obtained. The invention must relate to a machine, article or substance produced by manufacture, or the process of manufacture of an article. For improvement of an article or of a process of manufacture,a patent may also be obtained. In regard to medicine or drug and certain classes of chemicals no patent is granted for the substance itself even if new, but the process of manufacturing a substance is patentable. The application for a patent must be true and the first inventor or the person who has derived title from him, the right to apply for a patent being assignable.