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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
An application for a patent for an invention may be made by:
The true and first inventor of the invention
The true and first inventor in respect of the right to make such an application
The legal representative of any deceased person
Person stated in (a), (b) and (c) individually or jointly with any other person.
Answers (1)
AN application for a patent for an invention may be made by any of the following persons individually or jointly with any other persons:
I.The true and first inventor of the invention
II.The true and first inventor in respect of the right to make such an application
III.The legal representative of any deceased person
