Is the Patents Bill Good for India?

With major changes set to come about under proposed new patent laws, getting advice early in the development of any new product or process is a good idea.

Patent attorneys Rachelle Beale and Margaret Doucas explain some of the key changes and what they will mean.

The long awaited legislation to replace the New Zealand Patents Act 1953 has finally been introduced into Parliament and will be considered by a select committee.

The Patents Bill 2008, introduced in July, makes significant changes to the longstanding Act, most notably for the engineering industry, imposing stricter requirements for the grant of a patent.

Though many of the changes will be welcomed by applicants and patentees for bringing New Zealand's patent law into line with that of most other countries.

Inventions will undergo much stricter scrutiny when it comes to granting of a patent. The current requirement of giving the "benefit of the doubt" to an applicant claiming an invention is patentable, will be replaced with the tougher test of satisfying the Commissioner that on the "balance of probabilities" an invention is patentable.

Further, absolute novelty will be required, meaning that novelty will be destroyed by written or oral description or use anywhere in the world, rather than just the current local (New Zealand) novelty requirement.

The Bill also sets much stricter limits on exactly what can be claimed to be an 'invention'. The Commissioner of Patents will be able to refuse a patent application on the ground that it does not involve an 'inventive step'. In other words, the patent will be refused if it is 'obvious' to a person skilled in the art. Currently, 'obviousness' is not a criteria for consideration by the Commissioner, but is a ground upon which interested parties can oppose the grant of a patent or apply to revoke a granted patent.

A patent application will also be examined for usefulness, with an invention needing to have a specific, credible, and substantial use to receive a grant. This criteria is similar to that required in other countries including the United States "utility" and Europe's "industrial application" requirements.

For those wanting to oppose the granting of patents, the right to seek a hearing with both parties before the Commissioner will no longer exist. Instead, a re-examination by the Commissioner can be sought - without a hearing - before or after grant. Again, the grounds would be lack of 'novelty' or of an 'inventive step'. However, it will still be possible to file an application to revoke a granted patent.

With the extra power the Commissioner of Patents will have to refuse patent applications, it is possible that applications that would be granted under the present Patents Act 1953 won't make it under the new Bill. However, the Bill does provide for appeals to the court over the Commissioner's decisions.

In general the task of construing and interpreting patent claims, and assessing novelty and inventiveness, is not always straightforward. In many cases, different results have been obtained from different tribunals and courts - at the expense of the applicant.

So, considering the substantial changes that will come about as a result of the Bill, it is advisable to seek advice early in the development of any new product or process.

The Bill will go through the normal legislative processes, including opportunities for oral and written submissions, over the next few months. The Select Committee will then recommend changes to be debated in Parliament. The Bill will not become law until after it has been passed by Parliament, which is not likely to occur until 2009 due to the upcoming General Election.

Hi Guys,

Let me frst explain these two words which are main theme of the topic they are "Patents" and "Bill".

Patents mean the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years.

Bill means a proposed law presented to parliament for discussion. (Parliament = Both houses "House of the people" and "Council of states". House of the people takes place in Parliament with the help of the people of the country and Council of states takes place with the help of all assemblies of all the states and 12 nominative members of the president. ).

Now, I try to give my best possible views with the help of these two important words which have been explained above (Patents and Bill).

As we all know that different-2 types of the law take place in the parliament for making the country grow fast and passing patents bill is one of them for making work process ease for the people.

Patents Bill is most important for India because India is a developing country where different-2 kinds of innovations use to take place so if parliament gives full safety to innovators to get their whole income without any fraud so we can think that how much it is important for India. There are many frauds which take place with innovators when they innovate any things which are totally illegal so to prevent them parliament passes the "Patents Bill" so that they can be saved to innovate any things for the country and other people get inspiration to do such things for the country because if we wish to develop our country so there is need of each one contribution.

Thanks. Jai Hind jai Bharat!

Hello friends, first I would like to say something, that what is the patent in my point of view "Patent is the protection of the rare idea OR things which is created by the hard work and creativity".

Why the patent is good for India.

By the patent a person can get security about his/her discovery which there hard work ant there unique creativity.

Only patent can give reward of the invention, because when a person invent something he/she had used there big part of time to create something but what they have create it's price not will be as much as they had given the time and don the hard work. By the selling the patent they can get there incentive which they can't get without patent & it's also encourage the people to innovation and discovering the new idea to do something.

But there should be some rules and regulation for the patent.

Patent should not give for the natural things we can say patent only give for that things which a person have create very new and after given the patent, peoples existing needs and activity should not effected.

For the give the patent there should be a appropriate rules and regulations for the example.

What will be time period for the patent.

It should be check that patent gainer did not stole any idea from the other people or things which he/she is going to take patent.

By the given patent it's negative effect should not com on the people existing right & needs.

Hi friends.

Patent bill is too good for country like India, which consist a stockpile of talent. If patent bill is allowed in our country then it give a recognition to our talent. For past many years our talent is going abroad to get a good worth of their talent.

With the help of patent rule even a man who doesn't have a lot of research schooling and have some innovative can get their identification (I mean to say that in rural India machinists are making good agricultural instruments).

It will create self employment in country and economically help the lives.

If someone invent a big idea then their are a lot of companies which hire that idea and give a good value of that rare idea.

Our country needs good technology in electronics sector, service sector, power sector (solar, electrical, wind etc. ) , medical sector, infrastructure sector.

So if we hire these technologies from foreign countries we then will pay a lot of cost. On the other side if our own talent is creator of these thing then our youth gets its credit for which we will not pay too much.

But our government should keep sharp eyes on these innovations so that only which ideas will be implemented in innovations which provide positive direction to the nation.

So patent scheme should be implemented in country, but with some rule, regulations and tactics will be associated with that.

Good afternoon friends.

I have gone through your points and I also want to share my points of view.

A Patent bill is something which prevents the use of a particular patent invented by a person by another person. I want to point out its advantages.

1. It will prevent theft-with the help of this bill now the patent remains with the real inventor. No one can use this patent without the permission of real inventor.

2. Higher profit margin- Due to this patenta bill a particular company or organization will have to approach to the real inventor to use his patent. If this bill were not there any one could have stolen this patent and sold it at cheap rate because it would be easily available in the market. So the inventor ll have very low percentage profit for his invention. Thanks to patent bill that real inventor could gain higher percentage of profit.

3. It stops any kind of disputes between any two parties who claims for the patent.

Now if we talk in the context of India then I would say that it is very necessary. India is a developing nation. There may be lots of technological inventions in the country. So to avoid any kind of theft and ambiguity and to protect the right of real investor it is necessary in India.

Thank you.

Hello friends.

Our country is a developing country and trying to make itself known in the world.

There have been developed so many new technology and all countries are continuously trying to give new technology to the world and want to be ahead in the technology.

So, at this time, our country should encourage the new inventions invented in the India. And this can be happen only if some rule like patent bill will be implemented.

It is true that there are lot of people with creative mind in India.

There is no lack of creativity, the lack is in the opportunities.

What happens is that the people invent new things but they do never come to know publicly. No one gets to know about that invention because that does not get good exposure. And then what happens?

And therefore, it is possible that someone can take the credit of that invention.

To prevent this, there must be a patent bill. If an invention is patent, then that can not be theft and the only real inventor can take the credit.

Because of the patent bill, the people get the authority of their invention and this will also encourage people to invent something new.

So, according to my point of view, for an developing country like India, a patent bill is must.

Patent laws form a very important part of a developing nation and as such its enforceability opens up many opportunities for India. In the early 1990's, FDI was restricted many because our lack of patent laws made it difficult for MNC's to protect their intellectual property. Now that patent protection is being enforced, MNC's are more comfortable bringing in technology and intellectual property making India more richer.

However, the pharma industry which was a striving business under the policy of process patent was dealt irreparable harm by the enforcement of product patent when India joined the WTO.

Also, there have been cases where seeds of Indian farmers have been patented by a foreign counterparty due to lack of awareness and funds of the former. For example, recently the you. S. Government granted a patent for the anti-diabetic properties of karela, jamun, and brinjal to two non-resident Indians, Onkar S. Tomer and Kripanath Borah, and their colleague Peter Gloniski. Yet the use of these substances for control of diabetes is everyday knowledge and practice in India.

Hello friends, before saying anything, first I want to explain the exact meaning of this so called patents bill. Patent bill, or patent act is an act which provides an exclusive right granted for inventions, which may b a product or a new idea which provides new direction in doing some thing more innovative.

Yes I agree with this that it is good for india, as well as other contries too, as it is justice with the inventors. They have a recognition and full right over there product or idea, and this inspires them a lot.

Although its good in some way, but somewhere, common man is suffering from it, as they had to pay more cost for the products under this patent bill.

Even if a man is inventing something independently but few days later, then he won't have any right over it, as the person who have already invented it, can claim a case on him.

So at the end I wold like to conclude by saying that its a good act as it provides inspiration to common man and the inventor too, but it should not increase etc burden on common man.

Thanks to all.

Hello friends,

As per the topic is 'patents bill good for India'.

Actually, first we have to know what patent does it means. It is the bill or an agreement which is officially done at a world level that the real inventor of the product is that one who actually invented it by spending a lot of time, money and most important his/her hard work.

If the scientist or an inventor does not get its real value or we can say a reward that means the inventor not getting his/her rights so how he/she will again invent something which is beneficial for the country and this not only effect on him that create a big effect on the young generation who's having an interest on research.

So it will be good to have a patents bill for India or every country that will encourage the inventor as well as a young generation who we called a futures of India.

Thank you.

Hello everyone my name is Rajdeep Kumar.

Today the given topic is patent bill.

First, I want to give you an exact explanation of a patent bill.

A patent is an act which provides exclusive grants for an invention which may be a product or idea which provides more ideas for doing something new invention.

The paten is done to end the cheating by others making the same kind of product size, shape, and design.

Conclusion:- in my opinion patent bill is good for India because the patent bill people don't make the same kind of product size shape design as other people.

Because of the patent bill people, some new people are ready to make their products and ideas, I think for a developing country like India it is essential for encouraging and motivating others' talents.

Thank you.