The original word ‘patent’ has come up from the latin term ‘patere’, which means ‘to lay open’ or ‘available for public usage’.
Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention. A Patent excludes others from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. Patentable products have to meet their criteria of patentability i.e. novelty (not known before), non-obviousness (involves inventive step), and usefulness (industrially applicable).
The patent rights are granted for a limited period (20 years) and these are territorial in nature. It is a negative right as it excludes others from making, using, or selling the patented invention. It is also a monopoly right but monopoly ends with the expiry of term of protection and the patented product or process becomes available in the public domain.
*These forms have been taken from Indian Patent Office website www.ipindia.nic.in. They are published here for wider dissemination and should be used judiciously with the expert advice.