Is the Patents Bill Good for India?
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103 comments Page 4 of 11.
Sravs said:
1 decade ago
Hi friends.
In my point of view patent is two edged sword.
In terms of technology patent bill can be allowed in India. In India many people are having creative skills and they may use their skills to upgrade the existing technology.
But when we consider the scenario in biological means, they are developing hybrid varieties of plants which would yield more but they are many side effects.
Because of this many new diseases are coming into existence.
When farmers use those seeds for cultivation they may get more yield that year but they cannot use those seeds next year. They have to buy seeds again so I think the patent bills are not good for India in this aspect.
In my point of view patent is two edged sword.
In terms of technology patent bill can be allowed in India. In India many people are having creative skills and they may use their skills to upgrade the existing technology.
But when we consider the scenario in biological means, they are developing hybrid varieties of plants which would yield more but they are many side effects.
Because of this many new diseases are coming into existence.
When farmers use those seeds for cultivation they may get more yield that year but they cannot use those seeds next year. They have to buy seeds again so I think the patent bills are not good for India in this aspect.
(34)
Vamshi Krishna said:
1 decade ago
Yes Ofcourse, India as a developing Country its every individual's responsibility to develop our nation. If patients were given, then this will encourage every everyone to think different and invent something so that they get recognized and get our nation get recognized. Most of the inventions started just by thinking differently.
So "Think Differently Achieve Definitely".
So "Think Differently Achieve Definitely".
(40)
Arushi dubey said:
1 decade ago
IT is very important to appreciate peoples for their work, they will be motivate with that and a confidence in him builds up and next time he will do better and best than the previous. So, patents bill are very necessary.
(25)
Suraj said:
1 decade ago
Patent bill is certainly good for India because it is a developing country needs to increase the number of researches and developments. This bill will certainly ensure security of the innovations of various institutions and research centers thereby encouraging more number of researches. As such India is well behind in R&D sector spending less than 1% of its GDP in it. So if the number of researches will be more then the govt will be bound to spend more and this will change our R&D scenario completely.
Not only that various foreign MNCs as well as Indian companies will also be able to secure their intellectual property in their R&D sectors which will also enhance foreign direct investments. So this bill can be a boon for our developing economy.
Not only that various foreign MNCs as well as Indian companies will also be able to secure their intellectual property in their R&D sectors which will also enhance foreign direct investments. So this bill can be a boon for our developing economy.
(57)
Tiruman said:
1 decade ago
According to me patent bill is good for India. In India there is no recognition for inventions. So of the persons are considering them as projects and doing business. This may leads to lack of integrity.
(18)
Divya said:
1 decade ago
I strongly believe that the patent bill is good for India.
By patenting your work you are actually protecting your invention and your ideas. Patents promote people to invent and come up with new discoveries. It is a way to prevent people from stealing your work and claiming it to be theirs. You would also get the right amount of credit and money for the hard work you have put in to making your invention.
Patents definitely give your work recognition and would also be an encouragement to people.
By patenting your work you are actually protecting your invention and your ideas. Patents promote people to invent and come up with new discoveries. It is a way to prevent people from stealing your work and claiming it to be theirs. You would also get the right amount of credit and money for the hard work you have put in to making your invention.
Patents definitely give your work recognition and would also be an encouragement to people.
(98)
Deeksha saxena said:
1 decade ago
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.
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.
(75)
Ripon Deb said:
1 decade ago
Friends we know the meaning of patent. So no need of describing it, but what it's required is that we should be aware very well about it's application. In the healthcare field it is mandatory to me, due to the present scenario we have.
On the other hand in the field of academy it does not require any more, but it would be more beneficial if government takes some important and tough decisions to improve it.
So friends we need to see our country as a developed one, not like developing anymore, keeping that in mind "PATENT BILL NEEDS AND HAVE TO BE DONE".
On the other hand in the field of academy it does not require any more, but it would be more beneficial if government takes some important and tough decisions to improve it.
So friends we need to see our country as a developed one, not like developing anymore, keeping that in mind "PATENT BILL NEEDS AND HAVE TO BE DONE".
(18)
Ravi kiran said:
1 decade ago
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.
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.
(18)
Prabakaranvostro said:
1 decade ago
Patent bill is certainly good for India because it is a developing country needs to increase the number of researches and developments. This bill will certainly ensure security of the innovations of various institutions and research centers thereby encouraging more number of researches. As such India is well behind in R&D sector spending less than 1% of its GDP in it. So if the number of researches will be more then the govt will be bound to spend more and this will change our R&D scenario completely.
(16)
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