Professional Documents
Culture Documents
Patentact 1970 Chapters
Patentact 1970 Chapters
4
• A patent is not granted for an idea or
principle as such, but it is granted for some
article or the process of making the same
article.
• The term of every patent is 20 years and it
maintain by paying the renewal fees at
every succeeding year.
5
Prevention against
leaking of the invention
through workmen of
inventor.
Prevent secret
exploitation of invention
by the competitor.
On obtaining patent the
patentee can lawfully
enforce against
infringers.
6
7
Why patent is necessary ?
To encourage
research and
development
Stimulate capital
Induces an investment
affects economy Encourages
inventor to establishment of
disclose his new industries
invention Encourages
technology
development
NEED OF PATENT
COPY
Patent Grant Procedure
Filing of patent application
Decision By Controller
Journey of Indian Patent System
PRELIMINARY
Contd...
Patentee means the person for the time being entered on
the register as the grantee or proprietor of the patent
True And First Inventor does not include either the first
importer of an invention into India, or a person to whom
an invention is first communicated from outside India
CHAPTER II: INVENTIONS NOT PATENTABLE
arrangement or
rearrangement
just a theory, in a known
way related to
or based on
atomic energy
known theory,
Invention
or
Discovery
based on
traditional injurious to
knowledge public health
contrary to
natural laws
Contd…..
A method for
Human
Agricultur health
e related
Horticulture
CHAPTER III
APPLICATIONS FOR PATENTS
Contd...
Form of application
Examination of application :
after submission of complete specifications.
Search for anticipation by previous publication and by
prior claim :
It is the duty of examiner to check applications
Consideration of report of Examiner by Controller:
Controller analyse it and make gist of objection, send to
applicant & provide prescribed time to him to eradicate
these objections.
Contd...
Power of Controller
Contd...
Time for putting application in order for acceptance
An application for a patent shall be deemed to have been
abandoned unless within fifteen months from the date on
which the first statement of objections to the applicant by
the Controller.
Contd...
Grant of patents to be subject to certain conditions
any machine, apparatus or other article, process, medicine
& drug.
Rights of patentee
to make, use, exercise, sell or distribute the invention
Rights of co-owners of patents
Where a patent is granted to two or more persons, each of
those persons shall be entitled to an equal undivided share
in the patent.
use, exercise and sell the patented invention for his own
benefit without accounting to the other person or persons.
Term of patent
5 years- for food, drugs & medicine.
14 yrs – for all other inventions (methods &/or processes)
CHAPTER IX
PATENTS OF ADDITION
Patents of addition
any improvement in or modification of an invention
Contd...
Register to be open for inspection
Contd…
General purposes for granting compulsory licences
the patented inventions are worked on a commercial
scale in India without undue delay and to the fullest
extent that is reasonably practicable.
the interests of any persons for the time being working or
developing an invention in India under the protection of a
patent are not unfairly prejudiced.
Terms and conditions of compulsory licences
the royalty and other remuneration, if any, reserved to
the patentee or other person beneficially entitled to the
patent.
the patented invention is worked to the fullest extent by
the person to whom the licence is granted and with
reasonable profit to him.
the patented articles are made available to the public at
reasonable prices.
Contd…
Matters to be taken into account in granting
compulsory licences
Contd...
Endorsement of patent with the words "Licences of
right“
Contd…
CHAPTER XVII
Contd…
Power of Central Government to use
inventions for
purposes of Government
Contd…
Acquisition of inventions and patents by the
Central Government
The Central Government may, if satisfied that it is
necessary that an invention which is the subject of an
application for a patent or a patent should be acquired
from the applicant or the patentee for a public purpose,
publish a notification to that effect in the Official Gazette,
and thereupon the invention or patent and all rights in
respect of the invention or patent shall, by force of this
section, stand transferred to and be vested in the Central
Government.
CHAPTER XVIII
APPEALS
Citizen of India;
He has completed the age of 21 years;
Has a degree from any Indian university or equivalent.
Is an advocate within the meaning of the advocates act,
1961.
Has passed the qualifying examination prescribed for the
purpose;.
Contd..
Restrictions on practice as patent agents
Contd..
Removal from register of patent agents and restoration
by error
on account of misrepresentation or suppression of material
fact
that he has been convicted of any offence and sentenced to a
term of imprisonment or has been guilty of misconduct .
any individual whose name has been removed from, and not
restored to, the register.
MISCELLANEOUS
Avoidance of certain restrictive conditions
Fees
Restrictions upon publication of specifications
Reports of Examiners to be confidential
Publication of patented inventions
Power of Controller to call for information from
patentees
Evidence of entries, documents, etc.
Service of notices, etc., by post
Security for costs
Contd..
Transmission of copies of specifications, etc., and
inspection thereof.
Information relating to patents
Loss or destruction of patents
Reports of Controller to be placed before parliament
Power of High Courts to make rules
Power of Central Government to make rules
n t
m e
n d
m e
A s
An overview of amendments
(2005)
Product Patent
New use of existing pharma product
Patentability of software
EMRs eliminated
Oppositions
Compulsory licensing
Infringements
Mail-box application
Contd..
Pharmaceutical substances
Fast track granting introduced
Indian filing compulsory
Time period of request for examination reduced
Time period for examination and grant reduced
Revision of fees