Chemical and pharmaceutical companies protect their investment in research and development and the future of the companies by securing patents on their inventions. Patents help you resist competition. Success or failure of the company often depends on the strength of the patent. The words in the patent document must meet rigid formality requirements under the patent laws. Even if the invention covered by the patent is a fantastic one, the court will throw out the patent if it violates any one of the formality requirements.

History

In 1957, Govt. of India appointed Justice N. Rajagopala Ayyangar examine and review the Patent law in India who submitted his report September 1959 recommending the retention of Patent System despite shortcomings. The Patent Bill, 1965 based mainly on his recommendations incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. The bill was passed by the Parliament and the Patents Act 1970 came into force on 20th April 1972 along with Patent Rules 1972. This law was suited changed political situation and economic needs for providing impetus technological development by promoting inventive activities in the country.

It is deja vu all over again, as the Supreme Court once again has agreed to review a controversial patent ruling of the Federal Circuit Court of Appeals. The issue this time: whether a patent owner’s rights were exhausted by a license agreement and subsequent sale of product pursuant to the license.

With the Supreme Court’s 2007 decisions in KSR v. Teleflex and MedImmune v. Genentech and its 2006 decision in eBay v. MercExchange, it has reshaped the landscape of patent law by rejecting the views of the Federal Circuit - the very court that was established to help bring uniformity to patent law. Now the nation’s highest court has an opportunity to do that again.

Patent prosecution is the term used to describe the patent application process from the point in time that the Patent Office, through an examiner, begins working on the application that is filed by the inventor or an attorney representing the inventor. Below is a description of how the process works for a United States national application. It is important to remember, however, the difference between a national (or domestic) application and a international application that is filed pursuant to the protocls established by the Patent Cooperation Treaty. An international application can be filed in the United States provided that at least one inventor is a US national or resident of the United States. International applications moving through the US Patent Office do not follow the process described below, although once the international application does enter what is called the national stage the process will be much the same.

In its KSR VS Teleflex decision, the Supreme Court acknowledged that nearly all innovations rely upon building blocks discovered long ago but ruled that patentability requires more than predictable combinations of prior art. The court opined that if a prior art combination merely yields results expected by those of ordinarily skill in the art, then the combination is not deserving of a patent - even if innovative. Furthermore, disqualifying prior art can come from any field - and reviews of prior art elements require consideration of “functionality.” The “Teaching, Suggestion, or Motivation” test for obviousness was further constrained when the Federal Circuit was chided for stating “obvious to try” is not the same as Sec. 103 obviousness.

To get acquainted with the patent claim drafting is a difficult task and the general trend prevailing during the examination process and the court’s observation has to be analyzed and understood before one start writing claims for a patent.

Claims must be read or construed in the light of, or in connection with claim language, the specifications and the prosecution history.

The meaning of the claims in issue must be determined by a study of all relevant patent documents. The relevant patent documents include the intrinsic evidence of claim language, specification and prosecution history.

Infringement and Provisional Damages

There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.

There are three different types of patents:

1. Utility Patent – a structure or apparatus that is new and useful (has “utility”). This type of patent covers function and can include machinery and medicine, and the patent protection lasts for 20 years.

2. Plant Patent – a newly discovered asexually reproduced new variety of plant. For example, a new type of rose can be patented, and the patent protection lasts for 20 years.

3. Design Patent – a new, original, ornamental design for a manufactured item. This patent covers the way an item looks, and the patent protection lasts for 14 years.

In recent years, there has been an extensive boost in technological concepts related to electronics and electrical domain. Electronic engineering is a constantly changing and widening branch of technology. Electronics and semiconductor engineering is one of the largest and fastest growing industries. This growth has entailed a wide range of patent filing, all through. Electronics and semiconductors covers a wide range of applications we use daily, such as Television, Radio, computers, telecommunication etc, which make our life easier and enjoyable. It helps us see, hear and communicate over enormous distances and accomplish tasks faster.

If you’re a budding Thomas Edison, then you will be well aware of the importance of knowing how to obtain a patent for the invention that will make you millions.

A patent will give you full property rights to your invention. Basically this means that you will have full control of the invention, excluding anyone else from using or marketing your designs. Clearly it is a crucial step that must be done correctly.

Patents are issued by Patents and Trademark Office and come in three categories:

1. Plant patent

For those who discover a new variety of plant.