1. Innovation

India: Novelty Full: The invention when applying for must be novel throughout the world.

U.S.: Absolute Novelty: The innovation cannot have been previously revealed or patented anywhere in the world prior to the filing date.

Absolute Novelty in Europe: also here, as in the United States, the invention must not have been known before the filing date (European Patent Convention, or EPC).

2. Non-Obviousness or Inventive Step: In India, whoever has a task in the area should take a non-obvious step.

U.S. Non-Obviousness: The invention would not have been obvious to a person of ordinary skill in the art as of the date the application was filed.

Europe (EPC): Not Invented: An artistic person must not be able to see the invention naked eye.

3. Industrial Practice

The innovation has to perform in the Indian context.

U.S.: Useful: The invention must be useful and of some use in one way or other.

EPC: Europe Industrial Utility: A new innovation is implemented in an industrial facility.

4. Subject Matter Exclusions:

The eligible ones for patent protection in India are as such but limited to computer programmes, business strategies, gaming techniques, or mathematical procedures.

U.S.: Excludes acts of God, laws of nature, abstract ideas, particular manners of trade.

EPC- Europe: Does not include discovery, mathematical technique, scientific idea or art work or systems, regulations or procedures for mental activities.

5. Disclosure and Enablement:

India: Provided the inventor possessed the needed knowledge necessary for the invention, disclosure shall be reasonable.

U.S.: Enablement: The patent specification must enable, without undue experimentation, a person having ordinary skill in the art to construct and use the invention.

Europe (EPC): Such disclosure must be such that an individual skilled in the art may carry out the invention.

6. Grace Period:

India: It is possible to file a patent in India after publication but there is no grace period.

U.S. Public disclosure triggers one year term in which inventors can file.

EPC- Europe Grace period under specific conditions: six months.

7. Post-Grant Opposition:

In India: A patent can be opposed within the period stipulated there after the grant of such patent.

USA: Post-grant opposition procedures are available.

Europe (EPC): A post-grant opposition can be filed within a period prescribed after the patent has granted.

8. Duration of Patent Protection

India: Twenty years from the date of filing for a patent.

U.S.: Fifteen years from date of invention.

Europe: EPC 20 years after date of application.

9. Examinations System:

India is required for deeper thought.

U.S.: An inquiry is needed.

EPC: Europe More work needs to be done.

6.3 Policy Recommendations

Harmonization of Indian Patent Law Guidelines

a. Streamlined Examination: In view of the rapid pace of such technologies, the examination of patents and software inventions for virtual reality and metaverse technologies should be accelerated and streamlined.

b. Requisite is clear guidance on criteria for patentability, in particular as regards a software advance; the conditions have to meet international standards and not unreasonably impair trade.

c. Incent R&D Provide incentives such as tax credits and grants, etc that encourage R&D relating to VR and Metaverse, for example; create a more friendly environment creative.

d. Improved IP Education: Demonstrate financial impetus that will increase the awareness and understanding of intellectual properties, particularly among SMEs who link up with such sophisticated technologies.

Policy Recommendations:

7.1 Reforms Recommendations

1. Make Indian Patent Act international by adopting norms, facilitating international cooperation and the quicker pace of patenting.

2. Acceleration of the patent examination process, with a subsequent reduction in time to award patents and more promotion of a productive innovation ecosystem.

3 Demolish uncertainty and ensure that patents are granted in fair and consistent terms by defining patentable subject matter more clearly by establishing areas which are developments of industries, including biotechnology, software, and artificial intelligence.

[Image Sources: Shutterstock]

4. Take measures so that medicines are available in time and are relatively inexpensive, encouraging generic competition to balance the interests of the drug industry with those of the people at large.

5. Grant special benefits, for example, expedited review to inventors whose inventions are positive contribution towards environmental sustainability to encourage development and patenting of green technologies.

7.2 Ethical and Social Issues with Metaverse Technologies: Principles of Morality in Metaverse Development

1. To develop and build moral principles in the design and deployment of metaverse technology. There are fears over safety, privacy, and psychotrauma.

2. Inclusive design principles must be adopted to allow people with various talents and demographics to make use of the metaverse technologies.

3. Develop clear and responsible social norms on collection, use, and sharing of user data that will protect users' privacy and prevent misuse in the metaverse.

4. Conduct regular public forums to allow feedback on metaverse technology policies from various stakeholders, such as the general public, specialist groups, and advocacy groups.

5. Implement educational programs to promote awareness on the hazards and advantages of metaverse technologies among users and developers, educated towards the ethical concerns arising from them.

6. Collaboration among professionals in the legal and technological worlds: Interdisciplinary education initiative 7. Interdisciplinary training programs for lawyers and IT professionals to encourage mutual cooperation and understanding of each discipline.

8. Provide for new issues in the nexus of law and technology by promoting intersectoral collaborative research projects between the legal and technical sectors.

9. Third, provide legal expertise and experience in having to guide the technopreneur in going about a complex regulatory environment via clinics or support services dedicated specifically for them.

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

REFERENCES

• (2013) 6 SCC 1

• Prabodh Malhotra, The WTO and the TRIPS Agreement, IMPACT OF TRIPS IN INDIA , 9–31 (2010)

• Murphy Halliburton, INDIA AND THE PATENT WARS: PHARMACEUTICALS IN THE NEW INTELLECTUAL PROPERTY REGIME (2017)

• Jakkrit Kuanpoth, Patent rules and procedures: Indian law, PATENT RIGHTS IN PHARMACEUTICALS IN DEVELOPING COUNTRIES (2010)

• Monica Donghi, PATENT STRATEGY IN PHARMACEUTICAL INDUSTRY: ARE ADDITIONAL PATENTS VALUABLE? (2014)

• Anton Hughes, THE PATENTABILITY OF SOFTWARE (2019)