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Raison D'être of Patent and Its Role in Expansion of Technology


Authors: Sonal Gupta & Sidhant Singh

Designation: BA L.L.B Student, Symbiosis Law School, Hyderabad

BA LLB Student, DES Law College Pune

Email ID: sonalgupta1555@gmail.com; sidhantsingh19@gmail.com

Patents in Technological Development


Technological Invention

A new innovation in a technological is for a specialized issue and can be ensured through licenses and grant of patent. Patents secure the interests of innovators whose inventions in technologies are genuinely credible and financial and are suitable for the commercial sector, hence, by guaranteeing the inventor can control the business utilization of their development. An individual or organization that holds a patent has the privilege to obstruct other individuals from making, selling, retailing, or importing in their new technological innovation. This provides a platform for innovators to sell exchange or permit their licensed technologies and invention with other people who might need to utilize them. A patent is granted for twenty years, however the patent holder as a rule needs to pay certain fees on due time intermittently all through that 20-year time span for the patent to stay legal and valid. But if a technological innovation has constrained business value, the patent holder may choose to relinquish the patent rights upon its invention, thence, the invention in technology falls into the public arena and might be utilized.


Patent Rights for Technological Invention

Patents perceive and compensate inventors for their economically effective developments in technology and serve as an impetus for inventors to develop. With a patent, an inventor or independent venture knows there is a decent possibility that they will get in exchange on the time, effort and economy which have been invested into building up an innovation. At the point when another innovation goes onto the market, society in general stands to profit both directly, and might empower to accomplish the innovation created by the inventor for the benefit of public, and on another phase sustain and guard the financial and economical strategies.


In furtherance, the income created from economically patent-secured innovations make it conceivable to fund further mechanical and technological innovative work, consequently improving the odds of surprisingly better innovation getting to be accessible in future. Further, a patent adequately transforms an inventor’s ability into an economically tradeable resource for business development and employment through patent rights and joint trade and holding a license additionally, makes a private company flourish for the inventor who assume a role in empowering the commercialization of an innovation. The specialized data and business ideology produced by the licensing procedure can occupy new advancements and elevate new innovations to profit different people, in accordance to qualify for the grant of patent and for patent protection and rights.


Patent Cooperation Treaty

“A patent is a private and exclusive right that is granted by the government of the nation”.

It has a lawful value and impact in the nation where it is conceded. So organizations or inventors that need to secure their innovation/technology in remote markets need to establish patent insurance for their new advancements in those nations.

WIPO’s Patent Cooperation Treaty (PCT) ensures a procedure for acquiring patent protection in up to 152 distinct nations.

In the period of a year of patent insurance in their own nation, inventors can acquire the way toward acquiring patent security in every business sectors wherein they wish to sell their innovation by documenting an “international application” by means of the PCT. This offers firstly, users obtain a profit by a typical arrangement of standard guidelines which have been settled upon and are followed, acknowledged by every individual of the 152 nations of the Treaty with certain level of lawful assurance. Secondly, users of the PCT get an advantage from an appraisal which gives non-restricting input on the patentability of their innovation and is useful in moulding an organization's protecting methodology.




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