'Boundary is important while applying for patent'

Patents can be filed wherever the holder wants protection of the product or invention

'Boundary is important while applying for patent'

Boundary should be kept in mind before applying for a patent, said Rachna Singh Puri, Partner, Xellect IP Solutions, Bangalore.

Delivering a talk on ‘Use of patents in Business,’ at sensitisation programme on ‘Intellectual Property Rights,’ here, on Monday, she said, while filing for a patent, the countries where rights can be exercised should be decided. Patents can be filed wherever the holder wants protection to the product or invention.

She said, it would be unscientific to file patents in the country or region, where the inventor would not step in for business purpose. As a lot of money and time is involved in the process, jurisdiction should be analysed.

She said, India had strict laws compared to other countries with regard to applying for patents, which could help in increasing the quality in every invention. “The patents will not be applied to the earlier existing invention,” she added.

Delving upon the criteria, Puri said, while the novelty is universal criteria, technological advancement varied from country to country. India believed in technological advancement of inventions. India thus gave more thrust on technological improvement.

Briefing about the non patentable nature set by the Centre, she said, even after the invention fulfilled other criteria, the government could reject patent on the lines of the idea being abstract, natural phenomenon or law of nature. Lack of practical application could also pose as a hurdle.

Puri said that patent search analysis in recent days had emerged to be a growing sector.

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