03.04.05

SAMSKRiTi series -2 — Patent laws

Posted in Society at 2:22 pm by Pirate Praveen

Upon time all of the industrialized nations have framed different ways to encourage various inventors in the industrial field. Some nations gave certificates which would help them to have economic gains, others gave bonus and cash awards. Even after all these the patent
rules which came in the early 19th century became the more prominent in case of the protection of industrial inventions as the time went on.

What is a patent?

Patent is the right given by the government to the inventors of scientific principles such that they can use it for commercial manufacturing of products.

The patent rules are more prominent in industrial field. The procedure is to apply patent for a principle and the government will grant it in the name of an individual or of a concern. In this context comes the case of two kinds of patenting.

Product Patent: – Here the particular product is patented. That means the right to make a particular product is in hand of that single person and no other can make it.

Process Patent: -The same product can be manufactured by different process. Process patent gives the authority to patent the particular process. Thus the same product can be manufactured by more than one on the condition that they follow different process (method of manufacturing).

Take the case of any medicine, say paracetamol. Now we have different companies manufacturing the same chemical composition of para-aceta-aminol just because we have process patent in India. Just imagine the case where we have only one big MNC having the product patent for paracetamol. Then we all will be forced to buy MNCbranded paracetamol and it will not take much time for it to cease to be a common mans tablet.

Till the end of 19th
century each nation had its own patent rules. This caused problems mainly to the BIG players. These nations like USA, Britain, France who were the major industrial powers wanted to extend their markets and so they argued the need for a unified patent law and need for enforcing the law without political boundaries. Some European nations pointed out that only these nations interests will be taken care of. So they Proposed the Paris Convention to solve these problems.

India didnt sign the Paris agreement. India tried to make i
ts own patents law. In 1859 itself British made a patent law. It was revised completely in 1952 and since that was inadequate two commissions were appointed to study this. These two commissions proposed that we should not join the Paris Convention and we should go on with our own patent law. That is Indian Patent law of 1970. Mrs. Indira Gandhi was the Prime Minister of India at that time.

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