-
Engineering and Architecture
Exams
Colleges
Predictors
Resources
-
Computer Application and IT
Quick Links
Colleges
-
Pharmacy
Colleges
Resources
-
Hospitality and Tourism
Colleges
Resources
Diploma Colleges
-
Competition
Other Exams
Resources
-
School
Exams
Top Schools
Products & Resources
-
Study Abroad
Top Countries
Student Visas
-
Arts, Commerce & Sciences
Exams
Colleges
Upcoming Events
Resources
-
Management and Business Administration
Colleges & Courses
Predictors
-
Learn
Online Courses
Engineering Preparation
Medical Preparation
-
Online Courses and Certifications
Top Streams
Specializations
- Digital Marketing Certification Courses
- Cyber Security Certification Courses
- Artificial Intelligence Certification Courses
- Business Analytics Certification Courses
- Data Science Certification Courses
- Cloud Computing Certification Courses
- Machine Learning Certification Courses
- View All Certification Courses
Resources
-
Medicine and Allied Sciences
Colleges
Predictors
Resources
-
Law
Resources
Colleges
-
Animation and Design
Predictors & Articles
Colleges
Resources
-
Media, Mass Communication and Journalism
Colleges
Resources
-
Finance & Accounts
Top Courses & Careers
Colleges
Get Answers to all your Questions
Read the given passage very carefully and answer the question
The law relating to patents in India is governed by Indian Patents Act, 1970 as amended by the Patents (Amendment) Act, 1999, and the Patents (Amendment) Act, 2002, which came into force with effect from May 2, 2003. The purpose of patents is to afford protection to the inventor for the invention for a limited period in exchange for the disclosure of all the necessary knowledge to ensure its commercial working. It provides an exclusive right to the inventor for exploiting the invention and affords protection against unauthorized use of the invention by third parties. The main objective of national patent legislation is to accelerate the technological and industrial development of the country.
The grant of a patent confers essentially monopoly rights on the inventor for a limited period. In turn, it is obligatory for the inventor to disclose complete details of the invention to ensure that it can be worked on a commercial scale. Once the term of the patent expires, the invention comes into the public domain. In India, all patents are granted for a period of 20 years. Something that is already known is not patentable. An invention is deemed to be new on the priority date if it does not form part of the state-of-the-art i.e., part of the knowledge available to the public. The priority date is usually the date on which the applicant for patenting his invention first makes the application. According to the definition of the inventive step, the invention must be non-obvious to a person skilled in that particular art, i.e. it must not follow plainly or logically from what is already known. To be patentable, the invention has to be capable of industrial application.
Question
Asha used a new method of drying tomato powder without detriment to desired characteristics or taste but enhancing its shelf life. Whether Asha can patent this new method in her name?
No making tomato powder is not something new
No this does not have any industrial application
Yes, Asha can get her method patented
This is an artistic discovery that cannot be patented
Answers (1)
The patentable method must involve an inventive step, the invention must be non-obvious to a person skilled in that particular art. Many common examples of inventive steps can be cited from pharmaceutical, chemical, or mineral processing industries where the process improvement can result in efficient use of resources. Here a new method of drying involves an inventive step and hence, (c) is the correct option.
