Introduction

Patents are considered to be the one of the oldest forms of intellectual property protection providing to inspire the economics and technological advancement by rewarding the intellectual creativity. Patent is defined as it protect the invention and grants the owner exclusive rights to use their invention for the limited period of time. The right of the patent not only limited toright to use it exclusively but also to enforces their right against the infringers. Now days patent is very important in terms of technological advancement as it encourage the company to continue their new development in the Technology which is useful for the public good even though it is not necessarily but for other reasons like enhancing the economics efficiency. In case of Canadian General Electric Co ltd., v Fada Radio Ltd the court of law held that the there should be the intellectual efforts with respect to the prior art technology to develop the invention.

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Global Patent Filing is referring to the process of filing the patent to obtain a protection of the invention in different countries simultaneously however applicant individually file the application in each country where they seek the protection of their innovation or inventions.It has been observed that the number of patent applications has dramatically grown over the course of the past several years. Between the years 1995 and 1996, there were approximately one million applications filed on a global basis. As of the year 2010, that number has increased to two million. In 2016, the number reached three million, which was an even greater growth than in 2015. In the year 2021, the Asia-Pacific area was the recipient of around sixty-four percent (64%) of all patent applications that were submitted worldwide. Taking everything into consideration, India, South Korea, and China have all made significant contributions to the cause. A total of more than 1.6 million patents were granted all around the world in the year 2021.

Global Patent System

The patent corporation treaty (PCT) which is multilateral treaty i.e., enforced in 1970 for protection of the invention of the applicant. India has joined the treaty on December 7,1998 and One of the primary objectives of the Patent Cooperation Treaty (PCT) was to streamline the patent application submission process for applicants from all around the world. Furthermore, it is officially registered with the World Intellectual Property Organisation (WIPO) and has contractual support from 157 nations. The Patent Corporation treaty (PCT) has developed a number of easy-to-follow procedures that may be used to speed up the patent application process. Therefore, it should be emphasised that the final say on patent decisions still rests with the regional and central offices. each country would have needed to establish its own distinct process for people to apply for patents. Applicants have the option to submit their applications in many countries at the same time. An inventor can get legal protection for his inventions in many jurisdictions by submitting a worldwide application under the PCT. Many individuals now have easy access to a substantial repository of scientific data about developing technology because to the Treaty. All official examinations, retrievals, and publications in other countries are managed by a single office.

Procedure for the filing Application under PCT

Application is to be filled by anyone who has signed the treaty i.e., contract. It is generally filled in the national or regional office of the contracting state of which the applicant is a citizen.In the case of Shinning Industries v. Shri Krishna Industries the court of law held that the right to apply for a patent and ownership of the patent is governed by the terms of the said agreement between employee and contracting parties.

1. Filling: Applicant have to befiled the application in the national patent office or with the International Bureau (IB) of WIPO, with the stipulated prescribed fees. In India it has been regulated by their Rule 4 of the Indian Amendment Act 1970 and Patent Rules 2003 i.e., decided on the basis of the territorial limits.
2. International Search: An International Searching Authority (ISA) can render a written opinion regarding the potential patentability of your invention by locating prior art, which consists of technical literature and existing patent papers that may influence the patentability of your invention. The Delhi Branch of the Indian Patent Office promptly fills the ISA position upon receipt of the fee specified in the Fifth Schedule of the Patent Act of 1970, as amended, and the Patent Rules of 2003, as amended.
3. International Publication: the content will be disclosed after the expiration of the 18 months from the earliest date filling i.e., priority date.
4. International Preliminary Examination (ISA): At request, one of the ISAs will perform an extra patentability study, frequently using an updated version of the application. Furthermore, the cost of the International Preliminary Examination (IPEA), which is conducted by the Indian Patent Office's Delhi Branch, is specified in the Fifth Schedule of the Patent Act of 1970, as amended, and the Patent Rules of 2003, as amended.
5. National Phase entry: The first stage is to receive the patents,that must start direct procedures with the national (or regional) patent offices of the nations where wishes to obtain them. This process begins after the international PCT procedure is completed, usually thirty months from the earliest date of filing of the first application. In the case of Baxter International, Inc., v. MCGAW, Inc. ,The court held that a PCT publication is a public document, suitable for use as prior art that can be used against the PCT applicant if it is published more than 1 year before the filing of the applicant's U.S. national application. Here, applicant was unable to invoke a priority date due to not meeting the minimum statutory filing requirements necessary to secure the earlier date, which was ahead of the PCT publication date. In another case of Durect Corporation V. Union Of India ,As per the decision rendered by the Delhi High Court, in the case of a delayed national phase entry of a PCT application, the patent office is obligated to document a petition for a pardon, attend to the applicant, consider the justifications provided for the postponement, and subsequently render a written decision. Durect Corporation submitted their PCT application in India during the national phase, eight months after the designated thirty-one-month deadline had elapsed. The company claimed priority from an earlier US application. The application was denied by the Patent Office of New Delhi. Durect petitioned for a pardon on postponement. The Delhi High Court ruled that it is possible to appeal decisions of the patent office and that, prior to contemplating the appeal on merit, the Indian Intellectual Property Appellate Body (IPAB) must examine the particular facts and circumstances of each case. Supporting the judgement of the Madras High Court in Nokia Corporation v. Controller of Patents .

In the case of Puneet Kaushik &anr. V. Union Of India &Ors The petitioners submitted a PCT application to the New Delhi patent office. In accordance with Section 39 of the Indian Patents Act, it was ascertained that a foreign filing licence was required; therefore, the patent office declined to provide an international filing date. The ruling that was rendered by the Patent Office was upheld by the Delhi High Court. Until the applicant obtained a foreign filing licence, the patent office declined to recognise the PCT application as an Indian application and to designate an international filing date. This remained the situation until the patent office acquired the licence.

Interrelationship between Global Patent Filing and Technology Gaps:

Technological gaps and world patent filing are two essential components that are vital to the domains of innovation and intellectual property. Global patent filing refers to the process that companies and inventors use to try to get legal protection for their inventions. The use, production, and distribution of their proprietary technology are restricted by these safeguards from unapproved parties. For the length of the protection, which is provided for a certain period of time, the inventor is often allowed sole proprietorship of their creation. In light of the ongoing global dissemination of technological progress, it is customary for corporations and inventors to concurrently pursue patent. It is particularly critical to bear this in mind in an increasingly globalised economy, wherein services and products are consumed and distributed on a global scale. However, notwithstanding the substantial volume of patent applications that have been filed, technological gaps typically persist. Diverse factors may contribute to these inconsistencies, including economic inequality, difficulties in research and development, and unequal access to resources. Inequitable distribution of innovation gains may result when technological disparities exist, causing some industries or regions to implement new technologies at a slower rate than others.

Conclusion

As one of the most enduring and influential forms of intellectual property protection, patents serve as an incentive for technological progress and economic growth by acknowledging inventive ingenuity. The patent cooperation treaty (PCT), an example of the worldwide patent filing system, facilitates the simultaneous protection of inventions in multiple countries, thus streamlining the application process and encouraging worldwide innovation. The escalating quantity of patent applications underscores the growing significance of intellectual property in advancing technological development.Notwithstanding the advantageous outcomes associated with global patent application, persistent technological shortcomings remain a barrier. The existence of these inequalities, stemming from disparities in economic conditions and access to resources, could potentially hinder the widespread adoption of innovations. The resolution of these inequalities necessitates international cooperation and concerted efforts to ensure an equitable distribution of the benefits resulting from technological advancements.

Author : Sachin Raj, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.

References:

1. Canadian General Electric Co ltd., v. Fada Radio Ltd (1928) SCR 239.

2. Shinning Industries v. Shri Krishna IndustriesAIR 1975 All 231.

3. Baxter International, Inc., v. MCGAW, Inc.149 F.3d 1321 (Fed. Cir. 1998.)

4. Nokia Corporation v. Controller of Patents (2009) 41 PTC 102.

5. Puneet Kaushik &anr. v. Union Of India &Ors(2013) 56 PTC 105.