What Are The Objectives Of Patent Law?

1 September 2022
Dr. Mohan Dewan

Purpose of Patent Law

The basic aim of Patent Law is to balance the interests of inventors on the one hand and those of the public on the other hand. Inventors are rewarded with a limited period right for their inventions in return for disclosing technical progress to the public.

A fundamental goal of the patent system is to encourage the dissemination of technical knowledge. As soon as a patent document is published, it is hoped that the general public will read the document and study its technical details to improve upon the technology disclosed in the specification, to design around it and engage in further innovative activities. While the patentee obtains a statutory right to exclude others from practicing the invention, when the patent expires after a term of 20 years, the technical information disclosed in the patent document has potential immediate value to the public to whom it is disclosed. The patentee also is bestowed the right of being associated with the invention forever. This balance supports the patent system's broader mission which is to promote scientific progress and extend the frontiers of knowledge.

The patent system also works to promote technology transfer. It is conceived as “a carefully crafted bargain that encourages both the creation and the public disclosure of new and useful advances in technology, in return for a monopoly for a limited period of time”. In the absence of such a system inventors will resort to secrecy and protectionism, and as often is the case the advances in science are lost to the public.

The patent system provides an insight into current and topical technological advancements and helps avoiding duplication and parallel redundant developments. Publishing the latest findings of one scientist enhances the progress of science thus others can learn what one scientist has enhanced and also avoid the pitfalls what the scientist has gone through. If everyone keeps their inventions secret, science will progress at a relatively slower pace.

What Are The Objectives Of Patents?

A patent is a monopoly right given to an inventor for a limited period in return for inventor disclosing an invention. The definition itself provides the main objectives of the Patent System:

1. Monopoly Rights

2. In Return For Disclosure

3. Limited Period

The core objective of the patent law is to promote the progress of Science and useful arts. It can be listed as follows:

1. To Encourage Scientific Research:

The main motive behind granting of a patent is to encourage scientific research, new technology and industrial progress. Patent law grants a monopoly to an inventor or to the inventor’s assignee to prevent other people from making use of the invention without the inventor’s permission.

2. Technology Transfer, License

Another objective of the patent system is to invite recognition to the inventor in the eyes of the society and at the same time provide economic benefit to the inventor. The limited period for which the right is granted takes care of public interest.

3. Value To Society At Large

The value that the patent law provides society lies in stimulating original and ingenious activity, motivating the development and commercialization of inventions, encouraging disclosure of information, and allowing for more efficient exploration of prospective inventions.

4. Dissemination Of Knowledge

The long-term goal of the patent law is to encourage scientific research, new technology and industrial progress. Grant of an exclusive privilege to prevent others from using, selling, offering for sale and making a product or a process for a limited period, stimulates new inventions and their commercial utility in return public interest is satisfied by the disclosure of the invention.

5. Protection of individual fundamental and constitutional rights–Fundamental right against exploitation

The short-term goal of patent law is to safeguard creative individuals and organizations from “involuntary servitude” by giving them control over their innovations, and providing them with financial incentives for the creation, development, and commercialization of valuable inventions.

6. Solving A Specific Problem

An invention is said to provide a technical solution to a specific technological problem. The technical features of an invention have a function through which the problem – the purpose of the invention – is solved. The technical character necessary for patents requires that the laws of physics and chemistry are used to achieve the objective.

7. To Encourage Inventors

If inventors put efforts and resources in inventing something that is new and patentable, then they must be able to prevent other people from copying their developments without their permission. This will motivate inventors to carry on with further research.

8. To Protect Inventors’ Interest

By protecting inventions the Law also protects the goodwill and financial gains of the inventors. In the absence of Patents, anyone can copy an invention and sell it at a lower cost because no money has been spent in research by the copier.

9. Encourage Research and Development

If an inventor gets recognition for the work done and at the same time the work is protected, the inventor will be motivated for further research. This will also motivate others to enter the field of research. All this will finally result in technical and financial growth of the society.

10. To Ensure Fair Trade Practices

By providing protection and monopoly rights the law indirectly stimulates fair trade practices. If a businessman knows that he will be facing legal action for copying others’ process or product, he may not try to do so. This will help in controlling unfair competition.

The Bottom Line

The theory upon which the patent system is based is that the opportunity of acquiring exclusive rights in an invention stimulates technical progress in four ways:

i. first, it encourages research and development and creation invention;

ii. second, that it induces an inventor to disclose their inventions instead of keeping them as a secrets;

iii. third, that it offers rewards for expenses of developing inventions up to the stage at which they are commercially practicable; and

iv. fourth, that it provides an inducement to investors to ” invest capital in new lines of production which might not appear profitable if many competing producers embarked on them simultaneously. Manufacturers would not be prepared to develop and produce important machinery if others could get the results of their work with impunity”.

R.K. Dewan Patent & Trademark Attorney in India

Selecting the right patent attorney to prepare and file is an important initial task because a patent document is a challenging techno-legal document. It takes a high level of technical and legal knowledge to draft a patent application accurately to capture all the essence of the invention. R K Dewan has a technical team and experts in most fields of technology as well as a legal team to handle any patent dispute. Therefore, R K Dewan can handle IPR matters right from conception to filing to grant either before the administrative bodies or the courts. Approach RKD to get exclusive rights for patents for your company, to license, to accrue a strong market position, to get higher returns on your investment, and to create positive image for the enterprise therefrom.

If you have further questions about any matter relating to IPR, particularly patents, type of patent, the purpose of a patent, or how to get a patent, licensing and the like you are welcome to contact us today to speak with anyone of our patent attorneys.


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