2.RATIONALE OF PATENT SYSTEM-When we talk about the rationale of patent system, then it can be a well observed fact that the invention can be carried out wherein the patentee has to describe in the patent application, before a patent is granted, then in that case with such clarity as well as the completeness of all the technical details in relation to a person having an ordinary skill in the art should by merely reading the description. Further, it can also be observed that with regards to finding the solutions to technical problems which can be entailed, then in that case invention disclosure provides useful information to the citizens of the country hence helping in avoiding wasteful duplication of effort as well as the multiplication of costs mainly aiming at the research work.
In the case of BISHWANATH PRASAD RADHEY SHYAM V HINDUSTAN METAL INDUSTRIES Justice Sarkaria basically observed that:-
With the aim of encouraging scientific research, this is the main objective of Patent Law afterwards new technology as well as industrial progress. Further it can be also observed that new inventions of commercial utility and hence the grant of exclusive privilege wherein it is done to own, use or mainly to sell the method or the product patented for a limited period and afterwards stimulating new inventions of commercial utility respectively. With regards to the passing into the public domain, then in that case the price of the grant of the monopoly will act as a disclosure of patent in relation to the invention at the Patent Office and hence finally passing off after the expiry of the fixed period of the monopoly.
BAYER CORPORATION v. UNION OF INDIA – The Bombay High Court in this case basically held that with the aim of encouraging scientific research, new technology as well as the industrial progress, the patent law was being enacted and afterwards new invention of commercial utility was the basic aim of granting of a patent. In order to prevent all others from manufacturing and giving guarantee to the holder of the patent, patent law basically encouraged research as well as the invention and more importantly it also prevented the usage and/or selling of invention of goods i.e. patented product mainly related to the particular number of years to the exclusion of all others. With the adequate knowledge of the invention as well as with regards to the consideration of the above rights, an inventor had to make available/disclose his society in order to exploit the same mainly after the patent term was over and afterwards an inherent objective while granting of a patent was the main obligation of the patent holder in order to utilize the invention as well as to meet the needs of the society. With regards to the availability to society, the invented product was not to be kept in the attic but mainly to use and also to form the basis wherein it can be henceforth observed that it will act as the basis for further research and development. With regards to the improvement of technological advancement, these will all lead to the betterment of human existence on planet earth.
3.AYYANGAR’s REPORT AND PATENTS ACT, 1970 – Since the enactment of 1911 Act, there has been substantial changes mainly in the political as well as economic conditions of the country. In order to review the working of the patents law in India, then in that case in the year 1948, the Government henceforth appointed Patents Enquiry Committee in order to review it. In the year 1950, its final report was being submitted by the Committee. And then in the year 1953, it was observed that the Patents Bill was introduced in Lok Sabha respectively and also the Bill was largely based on the U.K. Patents Act 1949. With regards to recommendations of the Committee, it was also incorporated but at the same time the Bill could not become an Act as it lapsed on the dissolution of First Lok Sabha. It was observed by Justice Ayyangar with regards to different technological as well as the economic development that “the same patent law would henceforth be operating differently in industrial countries as well as the under-developed countries and at the same time he also agreed upon the views of the Patents Enquiry Committee that “the Indian Patent System henceforth failed in its main purpose, namely to stipulate invention with the encouragement of the development as well as exploitation of new inventions among Indians in relation to Industrial Purposes in the country in order for the security of the benefits thereof to the largest section of the public.” (Interim Report)
With regards to the submission of a comprehensive report mainly on Patents Law Revision in September 1959 by Justice Ayyangar, it became the basis for the Patents Bills 1965 and afterwards with reference to patents for food, drugs as well as medicines the Bill also incorporated a few more changes and henceforth was introduced in the year 1965. The adaptation of a number of amendments was made and also the careful consideration was made in the matter when the Bill was referred to a Joint Committee of Parliament and afterwards in the year 1966 the Amended Bill was moved in the Lok Sabha. Finally in the year 1970, the Patents Bill was again introduced in the Parliament and hence was passed by both the Houses of the Parliament and then it came into force on April 20, 1972.