PATENT ?

Administered by The Patent act 1970

A MONOPOLY RIGHT
GRANTED
§ BY THE GOVT.
§ FOR inventions relating to new & inventive
Processes & Products
§ FOR 20 years

November 4, 2021 1
 WHAT CAN BE PATENTED ?

ALL PROCESSES & PRODUCTS

WHICH ARE
NEW
INVOLVING INVENTIVE STEP
CAPABLE OF INDUSTRIAL
APPLICATION

November 4, 2021 2
 “NEW”
MEANS
SHOULD NOT BE

I. PUBLISHED IN INDIA OR ELSEWHERE

II. IN PRIOR PUBLIC KNOWLEDGE OR PRIOR

PUBLIC USE WITH IN INDIA OR
ELSEWHERE IN THE WORLD
III. CLAIMED IN ANY CLAIMS IN ANY SP.
FILED IN INDIA PRIOR & PUBLISHED
LATER

November 4, 2021 3
 INVENTIVE STEP
1. A FEATURE THAT MAKES
INVENTION NOT OBVIOUS TO A
PERSON OF ORDINARY SKILL IN
THE ART
2. A TECHNOLOGICAL ADVANCEMENT
TO THE EXISTING ART OR

November 4, 2021 4
 Inventive step
Present invention Cited doc. I
A hardening composition comprising
A hardening composition (i) unsaturated polyester resin
(ii) hardening accelerator containing
comprising: three component cobalt metal
soap,calcium metal soap & copper
(i)Unsaturated polyester metal soap
(iii) tertiary butyl perbenzoate as a
resin hardener

(ii) hardening accelerator Cited doc. II

containing cobalt metal A method of hardening of
unsaturated polyester resin using
soap peroxides such as methyl ethyl
ketone peroxide, tertiary butyl
(iii) methyl ethyl ketone perbenzoate which can function as a
hardener
peroxide as hardener

Present invn. is novel compared to cited docs I & II

Lacking inventive step: as a person of ordinary skill in the art can conceive the
idea of using Methyl Ethyl Ketone Peroxide as hardener from the doc. II
November 4, 2021 5
 INDUSTRIAL
APPLICATION MEANS
INVENTION IS

CAPABLE OF BEING MADE OR

CAPABLE OF BEING USED IN

AN INDUSTRY

November 4, 2021 6
 NON PATENTABLE
INVENTION:

FRIVOLOUS INVENTIONS

INVENTIONS CONTRARY TO WELL

ESTABLISHED NATURAL LAWS

November 4, 2021 7
 NON PATENTABLE INVENTION:

THE INVENTIONS, COMMERCIAL

EXPLOITATION OR PRIMARY USE OF WHICH
IS:
> CONTRARY TO PUBLIC ORDER
> IMMORAL
> PREJUDICE TO
o HUMAN HEALTH & LIFE
o ANIMAL HEALTH & LIFE
o PLANTS
o ENVIRONMENT

November 4, 2021 8
 NON PATENTABLE INVENTION:

DISCOVERY OF
> 1. SCIENTIFIC PRINCIPLE
> 2. FORMULATION OF ABSTRACT THEORY
> 3. LIVING THING OCCURING IN NATURE
> 4. NON LIVING THING OCCURING IN NATURE
> 5. NEW PROPERTY
> 6.MERE NEW USE OF KNOWN SUBSTANCE
/PROCESS/MACHINE /APPARATUS
7. NEW FORM OF A KNOWN SUBSTANCE

November 4, 2021 9
 NON PATENTABLE INVENTION:

MERE CHEMICAL ADMIXTURES &

PROCESSES RESULTING MERE
ADMIXTURES
ARRANGEMENT, REARRANGEMENT OR
DUPLICATION OF KNOWN DEVICES
METHODS OF AGRICULTURE
METHODS OF HORTICULTURE

November 4, 2021 10
 NON PATENTABLE INVENTION:

METHODS OF TREATMENT

 OF HUMAN BEINGS

 OF ANIMALS

November 4, 2021 11
 NON PATENTABLE INVENTION:

PLANTS & ANIMALS IN WHOLE

PARTS OF PLANTS & ANIMALS
SEEDS
VARITIES & SPECIES
ESSENTIALLY BIOLOGICAL PROCESSES
FOR PROPAGATION OR PRODUCTION
OF THE ANIMALS & PLANTS

November 4, 2021 12
 NON PATENTABLE INVENTION:

COMPUTER
MATHEMATICAL BUSINESS SOFTWARE
METHODS METHODS PER SE BUT
INDUSTRIAL APPLICATION
& SOFTWARE WITH
T.V. HARDWARE ARE PATENTABLE
PRODUCTIONS

PROTECTABLE
BY COPYRIGHT
DRAMATIC CINEMATOGRAPHIC
WORK WORKS

MUSICAL
ARTISTIC AESTHETIC LITERARY
WORK ALOGRITHMS
WORK CREATIONS WORK

November 4, 2021 13
 SOFTWARE PATENTING
COMPUTER PROGRAMME PER SE—NO
COMP.SOFTWARE WITH H/W– YES
TECHNICAL APPLICATION OF
SOFTWARE TO INDUSTRY--YES

November 4, 2021 14
 NON PATENTABLE INVENTION:
METHOD OF
PERFORMING
MENTAL ACT SCHEME OR RULE
OF PERFORMING
MENTAL ACT
METHOD OF
PLAYING GAME

NON PATENTABLE
INVENTIONS

AGGREGATION OR
DUPLICATION OF
PRESENTATION OF TRADITIONALLY KNOWN
INFORMATION COMPONENTYS

TOPOGRAPHY OF
TRADITIONAL
INTEGRATED
KNOWLEDGE
CIRCUITS

November 4, 2021 15
 NON PATENTABLE
INVENTIONS Sec 4
INVENTIONS RELATING TO
EXTRACTION, PREPARATION,
BENEFICIATION OF ORES RELATING
TO SUBSTANCES, COMPOUNDS USEFUL
TO PRODUCE ATOMIC ENERGY
SECTION 20(1) OF THE ATOMIC
ENERGY ACT 1962

November 4, 2021 16
 NON PATENTABLE
INVENTIONS Sec 4
LIST OF PRESCRIBED SUBSTANCES
URANIUM
THORIUM
RADIUM
ZIRCONIUM
GRAPHITE
BERYLLIUM
LITHIUM
DEUTERIUM
PLTONIUM
NEPTUNIUM

November 4, 2021 17
PRODUCT PATENTS ALLOWED
FROM 1.1.2005
DRUG FOOD CHEMICAL
COMPOSITIONS 5{1(a)}
COMPOSITIONS
INVOLVING
DRUG FOOD
CHEMICAL
SBSTANCES
REACTIONS
5{1(a)}
5{1(b)}

CHEMICAL ALLOYS, OPTICAL GLASSES,

PRODUCT SEMICONDUCTORS,
INTERMETALLIC COMP. 5{1(b)}
PER SE5{1(b)}

November 4, 2021 18
 PRODUCT PATENTING ?
YES
BUT NO TO
ISOMERS,SALTS,ESTERS,POLYMORPHS
,COMPLEXES,DERIVATIVES,
HOMOLOGUES,METABOLITES, PURE
FORMS ( PATENTABLE IF THESE HAVE IMPROVED INDUSTRIAL
APPLICATION)

November 4, 2021 19
 PROTECTION FOR PRODUCT PATENT
APPLICATIONS FILED AFTER 1.1.1995

REQ. FOR EXAMN:TIMELIMIT 48

MONTHS FROM DATE OF FILING OR 12
MONTHS FROM 1.1.2005 WHICHEVER
LATER
DAMAGES RECOVERABLE ONLY FOR THE
PERIOD COMMENCES AFTER GRANT OF
PATENT

November 4, 2021 20
 DEFENCE RELATED
INVENTION
SECRECY DIRECTIONS ARE ISSUED
REVIEWED 6 MONTHLY
NO PUBLICATION TILL CESSATION OF
SEC. DIRECTION
NO PUB.=NO PATENT

November 4, 2021 21
 REVOCATION
REVOCATION
BY CONTROLLER OF PATENTS
ON APPLICATION FROM THE PERSON INTERESTED
OR FROM CENTRAL GOVT. FOR NON WORKING OF PATENT IN INDIA

BY THE HIGH COURT

ON PETITION BY THE INTERESTED PARTY
ON CERTAIN SPECIFIED GROUND

BY THE CENTRAL GOVT.

PATENT RELATES TO ATOMIC ENERGY SUBSTANCE
& IF THE PATENT IS NOT IN PUBLIC INTEREST

November 4, 2021 22
 Compulsory licenses
After 3 years from GRANT to Any interested person
Controller can grant compulsory license on certain
Grounds:
 Reasonable requirements of the public w.r.t.
patented invention have not been satisfied;
 Patented invention is not available to the public at a
reasonable prices
 Patented invention is not worked in india

November 4, 2021 23
 Compulsory licenses
The Central govt. can direct to the
controller to grant compulsory license at
any time after sealing of the patent to
any interested party in circumstances:

 National emergency
 Extreme urgency
 Public non commercial use

November 4, 2021 24