Abstract

The Patents Act, 1970 confers exclusive right of exercise to the inventor over the subject matter of protection for a specific period which is 20 years. The Subject matter of protection under the Patents Act, 1970 includes any invention which is a new product or a process involving an inventive step and capable of industrial application. Grant of patent for an invention or a process involves a thorough procedure. There must be a rationale behind the grant of patent in order to clarify the relevant technical details that a person ordinarily skilled in the art should by merely reading of the description able to comprehend and carry out the invention. This paper covers in detail the Paris convention for the protection of Industrial Property and mentions other important conventions and treaties. Patents in Sports technology has been the most crucial part for the growth of sports industry not just in India but across the globe. This paper comes across some important inventions in different fields of sports such as Basketball, Football, Horseracing etc. It also includes some of the controversial inventions for which the patent had been granted. Another major chunk of this paper covers the patentability of the sports moves and the contentions in favor of and against the motion of patentability of sports moves. Should the sports moves be granted patent protection in India as there seems to be possibly narrow chances of seeking protection under this law. But the laws pertaining to patents in the USA offer considerably much higher chances of seeking protection for a sports move.

Keywords