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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
To be patentable, the invention has to be capable of industrial application, which of the following is not covered by the expression ‘industrial application’ for purposes of patent?
that it can be made or used in an industry
That it can be used for machinery or manufacturing of an article
It may include any useful, practical activity
That it may be used for purely intellectual or aesthetic activity
Answers (1)
The invention to be patentable has to be capable of industrial application. It means that it can be made or used in an industry. But, industry in this context does not necessarily imply the use of machinery or manufacturing of an article. It may include any useful, practical activity as distinct from purely intellectual or aesthetic activity. Hence, (d) is the correct option.
