Introduction

A patent is an exclusive right granted for an invention, which is often a product or process that offers a novel approach to a problem or new technical remedy. By giving innovators exclusive rights to their ideas, patent laws are intended to motivate them to contribute more to their respective fields. A patent is a licence given to an inventor today for the creation of any novel, practical, and non-obvious process, machine, manufactured good, or mixture of materials.

As they safeguard the genuineness and exclusivity of the goods, patent laws have spread around the world throughout the years. In this article, the author compares and contrasts India's patent laws with those of some of the world's most important nations and unions.

Historical Development Of Patents

Indian Scenario

India was under British rule when the idea of intellectual property first emerged. The Copyright, Trademark, Designs etc. Acts were also passed during this period. The Patent Act was first passed in 1856 and then revised in 1859. The Parliament of India only has the power to make laws relating to Patents, Inventions, Designs, Copyrights, and Trademarks deriving power from Entry 49 List 1 of the Seventh Schedule and Article 246 of the Constitution of India.

European Union Scenario

I. There are two coexisting patent systems in Europe. The European Patent Organization's rules state that patents can be issued that cover up to 38 European nations, including the United Kingdom. The European Patent Convention, which was approved in Munich in 1973, served as the foundation for the creation of the EPO on October 7, 1977.

II. The European Patent Office and the Administrative Council are the two organisations that make up the EPO.

The Administrative Council is responsible for managing the activities of the European Patent Office. The executive branch of the EPO is the European Patent Office. Individual inventors and companies seeking patent protection in the 38 European countries listed by the European Patent Office can apply in an equal manner.

United States Of America Scenario

In the United States and Europe, the histories of patent law have both been contentious. The very first US Patent Act was enacted for only three years, from 1790 to 1793. A new Patent Act that used an examination process quickly replaced it. By inspecting the product before obtaining the patent, this further avoided abuse. The requirements for applying for a patent are substantially the same today even though the US patent system is not exactly the same as it was in 1790.

A third Patent Act was issued in 1836 to solve issues brought on by the first two. It represented the opening of the Patent Office. While the Department of State continued to have authority over the task, the Secretary of State was no longer in charge of issuing patents.

Various Areas Of Comparision

• Invention

When two or more people submit applications for a patent on an invention that is similar in India and the European Union, the Office of Patent only takes the first applicant into account. If the invention qualifies for a patent, the first applicant will receive it. Priority is given to the applicant who filed the application first once the patent application's filing date has been considered. If the first person filed the patent application, even if the second person had the idea sooner, the first person would still be given precedence.

However, if two or more applications for the same invention are submitted in the United States, it will be decided who came up with the idea first. Interference proceedings are used in the US to determine who came up with the innovation first. As a result, the patent in the United States is awarded to the inventor of the innovation rather than the applicant for the patent. A bill has been filed in the United States to change the first to invent clause and switch the system to first to file because every Office of Patents in the world operates under the "first to file" principle.

• Grace Period

The length of the inventor's grace period varies according to the patent laws of the US, the EU, and India. If the applicant's innovation was made publicly known in any way before submitting the application to the Patent Office, the patent application will be rejected in the European Union and India. A patent becomes publicly available if it is sold to the general public, used by the general public, published, lectured on, shown to an investor without a nondisclosure agreement, used in a magazine, or any combination of these things. It doesn't matter if the person carrying out these acts is the innovator, another inventor, or a separate third party.

In contrast, the United States has a one-year grace period. A one-year grace period means that the innovation's creator is allowed to make use of the invention for one year before submitting a patent application. For a year following this publication, the inventor's patent rights will remain unaffected. Yet, the creator will not be eligible for a patent if they publicly display their own creation more than a year before submitting a patent application.

• The Best Mode Of Requirement

As per the US patent system, a complete specification of a patent should incorporate a written description of the invention, the manner and process of how the technology was made and invented, and be done in such clear, concise, full, and exact terms as to empower any person with skills in the related art to which that invention is related to or with which the invention is likely to be connected to use and make the invention. It should also specify the best method the invention's inventor anticipated using.

Before protection can be asserted in India, the applicant of a patent application must disclose the best method of carrying out the invention that is currently known to the applicant. If there are multiple best practises for implementing the invention, the inventor must describe each one in the patent's specification.

In contrast, the EU does not have a similar requirement to specify the best way to implement an invention. The specs must outline at least one technique for putting the idea into practise.

• Rights Granted By A Patent Grant

A patent is a type of property right that is recognised across the whole of either India or the United States. The property right attached to a patent entitles the patent holder to bar others from using or producing the protected idea domestically.

The EU Patent has a unique quality in this area. Only members of the European Patent Convention are eligible to receive European Patents from the European Patent Office (EPO). A single application for a European patent is submitted by the patent applicant, who also names the several European countries where he or she wants to be protected by the patent.

In the nations the applicant selects, the European Patent Office grants the applicant of a patent application the same patent rights that the applicant would have obtained in the case of a national application. As a result, a European Patent is sometimes referred to as a "bundle of rights." As a result, it is clear that the US, EU, and Indian Patent Laws each give unique rights.

• Application Language Of Patent

The filing of patent applications is governed differently by US, EU, and Indian patent laws. Only English is used by the US and Indian Patent Offices. Nonetheless, English, French, and German are the three official languages of the EU Patent Offices. Any language may be used to submit a patent application as long as a translation into one of the official languages is done so within two months of the other language's filing date.

Conclusion

On the basis of a thorough analysis of the US, EU, and Indian Patent Laws, it is feasible to draw the conclusion that India's system for granting patents is most like that of the EU and completely different from that of the US.

Similar to this, the strict registration requirements of India's patent system allow for more registration of a larger number of high-quality patents, in contrast to complaints that European patent standards allow to register low-quality patents, endangering the efficiency of their system.

Little inconsistencies endanger the patent system as a whole, so legislators should make a determined effort to harmonise the laws of various jurisdictions. A concerted effort should be made to harmonise each country's patent laws. Anyone looking to obtain a patent must go through a drawn-out and time-consuming process under the laws of the United States, the European Union, and India.

Author : AHMAD SALIK REHMAN, a student at Rajiv Gandhi School Of Intellectual Property Law, IIT Kharagpur in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.

References

1. Comparative analysis of patent law of India with other countries - https://ijclp.com/comparative-analysis-of-patent-law-of-india-with-other-countries/

2. The Administrative Council of the European Patent Organisation – https://www.epo.org/about-us/governance/administrative-council.html

3. India: Patents Comparative Guide - https://www.mondaq.com/india/intellectual-property/797482/patents-comparative-guide

4. A Comparative Study Of European And Indian Patent Laws - https://www.intepat.com/blog/a-comparative-study-of-european-and-indian-patent-laws/