Comparative Analysis Between European Patents And Indian Patents

Gajal Jain & Akash Yadav, Amity University Rajasthan

Introduction

A patent is an exclusive right conceded by the government authority to the creator to bar others from utilize, make and sell an invention for a particular timeframe. A patent is likewise accessible for development in their past Creation. The fundamental moto to authorize patent regulation is to urge creators to offer more in their field by granting them exclusive rights for their invention. In present day terms, the patent is typically referred to as the right granted to a designer for his Development or invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter. "Patent" is alluded from a Latin expression "patere" and that signifies "to expose," for example to make accessible for public review. In long term, patent regulations have turned into a typical practice all around the world as it safeguards the credibility and eliteness of the invention.

An invention considered as new if, on the date of filing the application, any such invention is not known to the public in any form, i.e. oral, writing, or any other form. Anything shall not be termed as inventive if such a thing is already known to the public domain. The patent has a limited term of 20 years, which is counted from the date of filing of the patent application. A patent is a territorial right. Thus it can only be applied in the country where it has been granted. o obtain patent protection in different countries, each country must apply for a patent. The Patent Cooperation Treaty (PCT) provides a way to file an international patent application in which a patent can be filed through a single patent application in a large number of countries. However, the PCT of a patent remains discretionary of the individual patent office only after the application is filed.