Fisheries Economics

7.2.6. Patent

According to one definition, “A 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 for excluding others, from making, using, selling, importing the patented product or process for producing that product for these purpose without his or her consent”. ( www.ipindia.nic.in/patent/FAQ-patent.htm )

A patent is valid in a particular country only. A patent granted in India is valid within India. However, with a valid patent in India, patents for the same product or process or work could be obtained by filing applications in other countries also. A patent valid globally cannot be granted by a single country. However, it is possible to file an international application under the Patent Cooperation Treaty (PCT) in India at the Receiving Offices (ROs) of the Controller General of Patents, Designs and Trademarks, Union Ministry of Commerce and Industry located at Kolkata, Delhi, Chennai and Mumbai.

The PCT is operated by the WIPO. When an international application is filed in a country, it is examined by the International Searching Authority (ISA) of the WIPO to grant a patent license.

Patent accords exclusive rights to the creator or inventor of the product and process which also helps to preserve and promote research and development efforts. It imparts monopoly to him or her for monetary benefits.