De minimis is a Latin expression that means “The law does not concern itself with trifles”. The law will not resolve petty or unimportant disputes. Courts have held that trifling may include minor legal violations and would fall under the category of non-actionable items and thereby it would serve as a good ground for defence. There have been many instances when the courts have dismissed the copyright infringement cases based on the principle of De minimis that the alleged infringer’s use of the copyrighted work is too insignificant. The violation of the law may not be considered as a sufficient cause of action if the effect is too small to be of much consequence.
It is important to remember that a patent application should consist of only one invention. However, a person may file a group of inventions which are claimed in one patent application, but the inventions so linked should form a single inventive concept. The application for patent shall be filed at the patent office along with the respective forms. The forms include form1, form2, form 3, form 5 and form 26.
According to the Indian Patent Act, a patent application may be filed by any of following persons including true and first inventor, assignee of the true and first inventor or the legal representative of the true and first inventor.
1. True and first inventor of the invention may apply for the patent. The person who invents a new product or a process has the right to file a patent application. True and first inventor means the person who is the first to invent and also the first in filing the patent application. Thus, a person who first invents a product or a process and also, first files the patent application is the true and first inventor.
According to the Indian Patent Act, the following are the inventions that are not patentable.
a. Frivolous inventions or inventions that are against the laws of nature are not patentable. For example an invention comprising machines that have 120% efficiency is against the natural laws and hence, non-patentable.
b. Any use of an invention that is against the public order or public morality or which endangers human or plant or animal life or health is non-patentable. For example an invention of a gambling machine is not patentable. Another example would include an invention of a weapon that may cause mass destruction.
In simple terms invention means an act of inventing either a product or a process for producing the product. Technically, invention is defined as a new product or process involving an inventive step and capable of industrial application. For an invention to be patentable, the invention has to be novel, inventive and should involve an industrial application.