Annexure ‘CD – 01’

FORMAT FOR COURSE CURRICULUM

L T P/S SW/FW No. of TOTAL

PSDA CREDIT
Course Title: Law on Patents Credit Units: 2 UNITS
2 0 0 0 0 2
Course Level: PG Course Code: LAW 697

Course Objectives:
 To develop basic understanding and comprehensive knowledge of Indian Patent Law and its application in the light of international
developments.
 To explain the concept, essentials and principles governing patents under Indian Patent Law.
 To develop skills to correlate various aspects of patent law to the real-world problems.
 To explain patent practice and procedure under Indian Patent law in the light of the current technological developments.
 To analyse the leading cases on patent law and practice

Pre-requisites:

The student should have basic understanding of intellectual property law with the legal aptitude to comprehend the techno-legal problems.

Course Contents/Syllabus:
Weightage (%)
Module I: Nature, Concept and Essentials of Patents
 Evolution and development of Patent law
 Meaning, Definition and Scope of Patents
 Discovery v. Invention 25%
 Patentable and Non-Patentable Subject Matter
 Patentability of Biotechnological, Pharmaceutical and Computer-based Inventions
 Patent Eligibility Criteria: Novelty, Non-Obviousness (Inventive Step), Utility (Industrial Applicability) and
Written Description
 Comparison between Paris Regime, TRIPs regime and old Indian Patent law
  Standard Essential Patents (SEPs)
Module II: Patent Rights and Procedure
 Patent Application, Specification and Construction of Claims
 Procedure for Granting Patent and Grounds of Opposition, Register of Patents
 Filing of Patent Application: National Phase Filing, Foreign Filing and International Filing through Patent 25%
Cooperation Treaty 1970
 Patent Acquisition
 Rights and Obligations of Patentee
 Assignment and Licensing of Patents
 Patent and Technology transfer

Module III: Infringements and Remedies

 Acts amounting to Infringement
 Determination of Infringement: Doctrine of Pith and Marrow Doctrine of Equivalents (Combination Claims,
Mechanical Equivalents, Chemical Equivalents, and Biological Equivalents)
 Remedies 25%

Module IV: Limits to Patent Rights

 Private/Non-Commercial Use Exemption
 Experimental Use/Scientific Research Exemption
 Regulatory Use exemptions 25%
 Governmental Use Exemptions
 Exhaustion of Patent Rights
 Revocation of Non-Working Patents and Compulsory Licensing
 Revocation of Patents on Other Grounds

Course Learning Outcomes:

At the end of completion of this course, student will be able to:

 State the history and evolution of the patent system.
 Interpret the Indian Patent Law and comprehend emerging issues relating to it.
 Explain the concept and principles governing patents and relevant provisions of Indian Patent Law.
 Analyze the various provisions under Indian Patent Law and apply them to the real-world problems.
 Evaluate the Implications of International Patent Regime on Indian Patent Law.
 Explain the techno-legal issues relating to patents from Indian Perspective.
Pedagogy for Course Delivery:

The course will be conducted using lectures, assignments and class discussions. In addition to this, students would be encouraged to participate in IP law
seminars and make class room presentation on relevant aspects of Patent law.

List of Professional Skill Development Activities (PSDA):

NA

Lab/ Practicals details, if applicable:

NA

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%)

100% 0%

Theory Assessment (L&T):

Continuous Assessment/Internal Assessment End Term Examination
( 50%) (50%)
Components (Drop down) Mid-Term Exam Term Paper/ Research Seminar/Teaching Class performance
Paper/Project Practice/Viva

Linkage of PSDA with NA NA NA NA

Internal Assessment
Component, if any
Weightage (%) 10% 25% 10% 5% 50%

Lab/ Practical/ Studio Assessment:

Continuous Assessment/Internal Assessment End Term Examination

(____ %) (____ %)

Components (Drop down - - - - - - -

Weightage (%) - - - - - - -
 Bloom’s Level > Remembering Understanding Applying Analysing Evaluating Creating
Course Learning State the history Explain the concept Interpret the Analyze the Evaluate the
Outcomes and evolution of and principles Indian Patent Law various Implications
the patent system. governing patents and comprehend provisions under of
and relevant emerging issues Indian Patent International
-
provisions of Indian relating to it. Law and apply Patent
Patent Law. them to the real- Regime on
world problems. Indian Patent
Assessment type Explain the techno- Law.
legal issues relating
to patents from
Indian Perspective.
Mid-Term Exam     

Term Paper/Research     
Paper/Project
Seminar/Teaching     
Practice/Viva

Text Reading:
 B. L. Wadehra, Law Relating to Intellectual Property, Universal Law Publishing, 2016 (5th Edition)
 Sreenivasulu N.S., Intellectual Property Law- Dynamic Interfaces, Lexis Nexis, 2017 (1st Edition)
 V. K. Ahuja, Law Relating to Intellectual Property Rights, Lexis Nexis, 2017 (3rd Edition)
References:

 Bently & Sherman, Intellectual Property Law, OUP Oxford, 2018 (5th Edition)
 Cornish, Lewelyn & Aplin, Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights, Sweet & Maxwell, 2019 (9th Edition)
 Elizabeth Verkey, Law of Patents, Eastern Book Company, 2012 (2nd Edition)
 Kalyan C. Kankanala, Arun K. Narasani, Vinita Radhakrishnan, Indian Patent Law and Practice, Oxford University Press, 2010
 P. Narayanan, Patent Law, Eastern Law House, 2018 (4th Edition)

Additional Reading:
 Journal of Intellectual Property Rights (NISCAIR)
 Oxford Journal of Intellectual Property Law & Practice
 The WIPO Journal