![\"US,](\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-22.png\")
<\/figure><\/div>\n\n\nUnited States (US)<\/h3>\n\n\n\n
The very first Patent statute of the US was enacted with\nthe primary object entitled “An Act to promote the Progress of Useful\nArts.” The Patent statute passed in the US was a very brief Act that\nincluded seven sections. The statute also specified the essential requirement\nto include “any useful or valuable art, engine, manufacture, machine or\ndevice, or any development therein not known or used before.” <\/p>\n\n\n\n
The power for granting of patents is vested with the Patent Office. A Patent is granted for a term of up to 14 years for inventions that are “sufficiently useful and important” for the country and its people. The Patent Office will grant the application for Registration of Patent<\/em><\/strong><\/a> only when the grantee has submitted a complete specification describing the invention or creation to the Secretary of the State at the time of grant of Patent.<\/p>\n\n\n\n After becoming a member of the Paris Convention US, there\nwere primarily two progress in the US influencing the expansion of Patent Law\nin the country. The two primary progresses were the Evarts Act of 1891\nand the Sherman Act of 1890<\/em><\/strong>. In the year 1952, the US adopted the\nstructure of modern Patent Law and which led to several amendments in the\nPatent law structure of the country. The modern Patent law of the US is Title\n35 of the United States Code, which also governs all cases in the United States\nPatent and Trademark Office (USPTO).<\/p>\n\n\n\n In Europe, there\nare two system of Patent which co-exist. As per the regulations of the European\nPatent Organization or EPO or EPOrg<\/em><\/strong>, Patents are granted, which can\ncover up to 38 European states, including the United Kingdom (UK). The European\nPatent Organization (EPO or EPOrg) is an inter-governmental organization. The\nEPO was set up in the year 1977 on October 7, on the foundation of the EPC (European\nPatent Convention) signed in Munich in the year 1973.<\/p>\n\n\n\n The EPO has two\nbodies, comprising of the European Patent Office and the Administrative Council.\nThe Administrative Council is established to supervises the activities of the\nEuropean Patent Office. The European Patent Office is the executive arm of the\nEPOrg. The European Patent Office provides an even procedure for application\nfor the individual inventors and companies seeking protection of Patent\nprotection in the specified 38 European countries. <\/p>\n\n\n\n In addition to\nthe EPO system of Patent, each of the European states individually have their\nown system of Patent. The individual European states and the European Patent\nOrganization Patent laws are based on the same principles, although there are\ncertain minor differences also between them. <\/p>\n\n\n\n The Patent Law\nof India dates back to nearly 150 years. The Act of 1856<\/em><\/strong> was recognized\nas the Act VI of 1856<\/em><\/strong>. The 1856 Act was on the protection of\ninventions of the inventor and was based on the British Patent Law of 1852<\/em><\/strong>.\nThe 1856 Act granted certain exclusive privileges to the inventors or creators\nof new inventions or creations for a time period of 14 years. <\/p>\n\n\n\n The 1856 Act was\nlater on repealed, and The Patents and Designs Protection Act<\/em><\/strong> was\nmade public formally in the year 1872. The 1872 Act was also amended from time\nto time as per the requirements. The 1872 Act was later on changed in to \u201cThe\nProtection of Inventions Act\u201d in the year 1883. In the year 1888, the 1872 Act\nwas changed to “The Inventions and Designs Act.” Finally, in the year\n1911, “The Indian Patents and Designs Act”<\/em><\/strong> was enacted.\n<\/p>\n\n\n\n After the independence of India in the year 1947, the country still followed the old British Law related to Patents. The British Law was followed until the year 1965, a Patent Bill was placed before the Parliament of India and later on the Bill was passed as the Indian Patent Act of 1970<\/strong><\/em>. <\/strong>The Indian Patent Act, 1970<\/strong><\/em>,<\/em><\/strong> came into force on April 20, 1972. The 1970 Act was further amended in the year 1999, and the Patents (Amendment) Act, 1999<\/em><\/strong>, got President\u2019s assent on March 26, 1999. <\/p>\n\n\n\n In the year\n1995, India joined the World Trade Organization (WTO) and hence, automatically\nbecame a signatory member of the Agreement on TRIPS (Trade-Related\nAspects of International Property Rights).<\/em><\/strong> To meet the requirements of\nTRIPS, India needed to amend its current Patent law subject to certain transitional\nallowances under Article 65 of TRIPS provided for developing countries. <\/p>\n\n\n\n The 1999 Act was further amended, and the Patents (Amendment) Act, 2002<\/em><\/strong> came into effect in the year 2003. Later on, from January 1, 2005, the Patents (Amendment) Act, 2005<\/em><\/strong>, has been given effect to overcome the loopholes of the 2002 Act. The Patents (Amendment) Act, 2005,<\/em><\/strong> takes care of compliance requirements related to the TRIPS agreement of India. In the year 2005, the latest amendment in the Patent law of India meet the obligation under the TRIPS agreement and provides for the protection of products in the field of drugs, chemicals, and pharmaceuticals.<\/p>\n\n\n\n Read our article<\/b>:Restoration of Lapsed Patent in India: A Complete Overview\n<\/a><\/mark><\/p>\n\n\n\n The different basis of comparison between US, EU, and Indian Patent Laws System are as follows:<\/em><\/strong><\/p>\n\n\n In\nIndia and the EU,<\/em><\/strong> when two or more persons\napply for a patent on a similar invention, the person who files the application\nof Patent at first is considered by the Office of Patent. Assuming that the\ninvention is patentable, the Patent will be granted to the person who first\nfiles the application. The date of filing of application of Patent is\nconsidered, and the priority is given to the person who filed the application\nfirst. Even in such a case where the second person came up with the invention\nearlier still if the first person filed the application of Patent, priority\nwill be given to the first person. <\/p>\n\n\n\n However, in the\nUS<\/em><\/strong>, in case two or more applications are filed for similar inventions,\na determination will be made as to who invented the invention at first. Interference\nproceedings are held in the US to determine as to who invented the invention at\nfirst. Therefore, in the US, the grant of Patent goes to the person who invented\nthe invention first and not to the person who filed for the application of\nPatent first. Recently in the US, a bill has been introduced to amend the\nprovision of first to invent and change the system to first to file as every Office\nof Patent in the world is based on the \u201cfirst to file\u201d system. <\/p>\n\n\n\n There is a\ndifference in the grace period provided to the inventor under the US, EU, and\nIndian Patent Laws. In the EU and India<\/em><\/strong>, the application of\nPatent will be rejected, if the invention of a person had become available publicly\nin any way before the application of Patent was filed in the Patent Office. The\nPublicly availability of a Patent includes a public sale, public use, a\npublication, giving a lecture about the invention, showing the invention to an\ninvestor without an agreement of non-disclosure, publication of an invention in\na magazine, or any combination of such acts. The person doing such acts will\nnot make a difference whether the person is the inventor himself\/herself, one\nof the inventors, or any independent third party.<\/p>\n\n\n\n On the contrary,\nin the US<\/em><\/strong> there is a one-year grace period. One-year grace period\nmeans that the inventor of the invention has the authority to publish the\ninvention for a period of one year before the filing of the application of\nPatent. Such a publication for a period of one year will not affect the patent\nrights of the inventor of the invention. However, in the case where the\ninventor himself\/herself discloses his\/her own work more than one year before\nthe filing of application of Patent, then the inventor will be barred from\nobtaining a Patent.<\/p>\n\n\n\n The legal\nsystems of US, EU and Indian Patent Laws have certain features in common for\nthe inventions of persons to be Patentable in the respective countries. The\nfeatures which are common for the US, EU and Indian Patent Laws<\/em><\/strong> are\nthe Novelty, Non-obviousness, or inventive step and utility of the invention\ninvented by a person. In the US the essential requirement of utility is binding\nin case of utility patents and not in case of other design and plant patents.<\/p>\n\n\n\n In addition to\nbe industrially applicable, there are two most important essential requirements\nto get an invention patented in the EU and India are that an invention should\nbe novel and also involve an inventive step. As compared to the US the\nessential requirement for an invention is that the invention should be novel,\nindustrially applicable, and should not be obvious. <\/p>\n\n\n\n The best mode of\nrequirements for US, EU and Indian Patent Laws are different and hence, becomes\na primary basis of the difference between the US, EU and Indian Patent Laws. The\nPatent Law of the US requires the inventor of the invention to include the best\nway to practice the invention in the application of Patent application. <\/p>\n\n\n\n Under the US\npatent system<\/em><\/strong>, a complete specification of Patent should contain a\nwritten description of the invention, the manner and process of using and\nmaking the invention, in such clear, concise, full and exact terms as to enable\nany person skilled in similar art to which the invention of inventor pertains,\nor with which the invention is most likely be connected, to use and make the\ninvention, and should set out the best method anticipated by the inventor of\nthe invention of carrying out his\/her invention. <\/p>\n\n\n\n In\nIndia<\/em><\/strong>, the applicant of an application of\nPatent is required to disclose the best technique of carrying out the\ninvention, which is known to the applicant, and protection can be claimed by\nthe inventor. The complete specification of Patent should disclose the best method\nof carrying out the invention, and in case there is more than one best method\nof carrying out the invention, the inventor should describe all such best\nmethods in the specification of Patent. <\/p>\n\n\n\n On the contrary,\nin the EU<\/em><\/strong> there is no such requirement to specify the best mode\nof carrying out an invention. The specifications should include at least any one\nway of carrying out the invention. <\/p>\n\n\n\n The publication\nof applications of Patent differ in the US, EU and Indian Patent Laws. The US\napplication of Patent<\/em><\/strong> are published after 18 months from the date of\nfiling of the application of Patent in the Office of Patent, unless in the\ncases where the application of Patent is withdrawn or is filed with a request\nof non-publication.<\/p>\n\n\n\n The above\nmentioned is a situation similar to the EU and India,<\/em><\/strong> where all applications\nof Patent are published after 18 months from the date of filing, unless an\napplication of Patent is withdrawn by the applicant. The primary difference is that\na request for non-publication cannot be made in India and the EU. <\/p>\n\n\n\n A\nPatent of India or US is<\/em><\/strong> a property right that\nis enforceable in the whole territory of both countries. The property right\nrelated to a Patent allows the holder of Patent to prevent any person from\nmaking, selling or using the invention of the holder of Patent in the country. <\/p>\n\n\n\n The\nEU Patent holds<\/em><\/strong> a unique feature in\nthis context. European Patent Office or EPO only grants European Patent for the\nmember states of the European Patent Convention. An applicant of application of\nPatent files a single application of European Patent and designates the different\ncountries in Europe in which the applicant wants to have protection of Patent. <\/p>\n\n\n\n The European Patent\nOffice grants the applicant of the application of Patent, the similar Patent\nrights in the countries he\/she designated, as the Patent Office would have\ngranted to the applicant in the case of a national application. A European\nPatent is thus, sometimes referred to as a \u2018bundle of rights.\u2019 Hence,\nit is clear that the rights conferred under the US, EU and Indian Patent Laws\nare different.<\/p>\n\n\n\n Once an\napplication of Patent is granted in Europe, any person has the right to oppose\nthe grant of Patent within 9 months from the date of granting of the Patent. If\nthe granted Patent is found to be invalid by the Patent Office, such Patent\nwill be revoked in all other countries simultaneously. <\/p>\n\n\n\n The Patent Law of India<\/em><\/strong> only deals with the Patent Opposition<\/strong><\/a>, where the application for Patent has been published, but the opposition should be done before the grant of a patent.<\/p>\n\n\n\n Though the\nUS has a procedure of re-examination,<\/em><\/strong> which is not similar to the\nopposition. In re-examination, any person can present proper reasons and valid evidence\nto the United States Patent and Trademark Office (USPTO) to challenge the\nvalidity of a granted Patent.<\/p>\n\n\n\n There are certain differences in the filing of the application of Patent in the US, EU and Indian Patent Laws. The Patent Offices of the US and India<\/em><\/strong> only deals in the English language. However, the EU Patent Offices<\/em><\/strong> have English, French, and German as their official languages. An application of Patent can be filed in any language, provided that a translation into any one of the official languages should be submitted within 2 months from the date of filing of the application in other languages.<\/p>\n\n\n\n On thoroughly analyzing the US, EU and Indian Patent Laws, it can be held that the procedure of granting of Patent in India is quite similar to that of the EU and completely different from that of the US. Almost every country has its own law of Patent, and when any person desires a Patent in a particular country, then the person is required to make an application for Patent in accordance with the regulations of that country. The rules of patentability are not uniform across the world. An effort should be made to bring all the Patent laws of different countries in compliance with each other. The person requiring a grant of Patent under US, EU and Indian Patent Laws is required to go through a long-lasting and time-taking process. We at Corpbiz<\/strong><\/a> have experienced professionals to guide you with the process. Our professionals will assist and help you throughout the process of grant of Patent. Our professionals will ensure the successful and effective completion of your work. <\/p>\n\n\n\nEurope\n(EU)<\/h3>\n\n\n\n
India<\/h3>\n\n\n\n
What is the different basis of comparison between US, EU, and Indian Patent Laws?<\/h2>\n\n\n\n
![\"comparison](\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-23.png\")
<\/figure><\/div>\n\n\nFirst\nto Invention or First to File<\/h3>\n\n\n\n
Grace\nPeriod<\/h3>\n\n\n\n
Requirement\nof Novelty, Utility and Non-obviousness\/ Inventive step<\/h3>\n\n\n\n
Best\nmode Requirement<\/h3>\n\n\n\n
Publication\nof Patent Applications<\/h3>\n\n\n\n
Rights\nconferred by a granted Patent<\/h3>\n\n\n\n
Opposition\nafter grant of Patent<\/h3>\n\n\n\n
Language\nof Patent Application<\/h3>\n\n\n\n
Conclusion<\/h2>\n\n\n\n