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Patent Law in India

The patent laws and the entire patent system in India are governed and regulated by the superintendence of General Controller of designs patients, trademark patent and by geographical indications. This office of general controller runs under department of industrial promotions and policy. There are four patent office in India, Head office is located in kolkata and other offices are located in Delhi, Chennai and Mumbai. The examiners of each patent office have to discharge their work according to the direction of controllers. The Patent law of India has the most important salient features that decide whether a patent will be granted or not are given below:
  1. The Object: The main objective of patent law is to encourage scientific research, industrial development and new technology. The price of the grant of the domination is the disclosure of the invention at the Patent Office, which, after the expiry of the fixed period of the monopoly, passes into the public domain.
  2. Inventive Step: The primary principle of Patent law is that a patent is granted only for an invention which must have utility and novelty. It is essential for the validity of a patent that it must be the inventor's own discovery as opposed to mere verification of what was, already known before the date of the patent.
  3. Useful: The previous Act does not specify the requirement of being, useful, in the definition of invention, but courts have always taken the view that a patentable invention, apart from being a new manufacture, must also be useful.
  4. Improvement: In order to be patentable, an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement, and must independently satisfy an inventive step or the test of invention.
  5. The Guiding Tests: To decide whether an alleged invention involves an inventive step and novelty, certain broad standard can be indicated. Firstly if the "manner of manufacture" patented, was publicly known, used or practised in the country before or at the date of the patent, it will negative novelty or 'subject matter'.

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