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ASSIGNMENT- 3 PATENTS
1)Explain briefly the procedure of grant of patents in India.

A patent is an exclusive right which is granted by the Government for an invention, for a
limited time period. This exclusive right of a patentee allows him to prevent a third party
from using, selling or claiming the invention for which patent has been granted.
Procedure involved in granting patents include:
Step 1 – Drafting a patent application (Provisional or Complete)
Step 2 – Filing the patent application in India. The person or the company involved must
file a patent application with the patent office.
Step 3 – Publication of patent application.
Step 4 – Examination of the patent application. The patent office after submission
examines the application and conducts a novelty search wherein every literature and
documents available are searched.
Step 5 – Final decision on grant of patent. After all objections to the examination report
have been compiled and the examiner is satisfied with the reply of an applicant, the
application is put in order for grant.
2) Describe the circumstances under which different types of compulsory licenses can
be issued in india.
Section 84(1) of the Act allows any interested person to apply for grant of compulsory
license to the Controller on the grounds that a). The reasonable requirements of the
public have not been satisfied, or b). Patented invention is not available at a reasonable
affordable price or c). The patented invention is not worked in India. The terms and
conditions for grant of compulsory license are laid out in Section 9.
The Act also provides for grant of compulsory license on notification by the Central
Government in cases of
a. a circumstance of national emergency; or
b. a circumstance of extreme urgency; or
c. a case of public non-commercial use.
3)What are the remedies available to a patent holder against an infringement of his
patent under Patents act, 1970 (as amended last in 2005)?
Section 108 (1) of the Patents Act, 1970 provides for the Reliefs in match for
infringement. It states that – “The reliefs which a court may grant of patent registration in
any fit for patent infringement includes an injunction and, at the choice of the plaintiff,
both damages or an account of profits.”
The reliefs that are to be had to a patentee in in shape for patent infringement in
opposition to an infringer are: -
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• Permanent injunction;
• Temporary / Interlocutory injunction;
• Ex-parte injunction;
• Damages or an account of profits;
• Seizure, forfeiture or destruction of infringing products / goods and / or substances and
implements predominantly used in the advent of the infringing products / goods.
4)What is the criterion for deciding protection of Plant Varieties under Plant Variety and
Farmers Rights Protection Act 2001?
India has enacted the New Plant Variety and Farmers Rights Protection Act in 2001,to be
eligible for protection, the plant variety must be:
a) Distinct: A variety should be clearly distinguishable by at least one essential
characteristic from existing or commonly known varieties in any country at the time of
filing of the application
b) Uniform: A Variety must be sufficiently uniform in its essential characteristics.
c) Stable: Essential characteristics of a variety must be stable after repeated propagation
or in the case of a particular cycle of propagation at the end of each cycle.
d) Novelty: The variety shall be deemed to be new.
e) Appropriate denomination: The variety shall be designated by a denomination, which
will be its generic designation. The premise that the variety denomination must be its
generic designation class for a requirement that 'denomination must enable the variety to
be identified'.
5) Write short notes on:
(i) Patent Examination
(ii)Patentability of a new business strategy developed by a business house is patentable
Patent examination: Patent Examination Procedure in India India follows deferred
examination system according so the application for patent is not examined unless a
request for examination of patent application in India is filed with the Patent Office. To
initiate the examination proceedings the applicant is required to file a request with the
Patent Office. The application is examined only after the applicant or any interested
person files a request for examination within 48 months from the date of filing.
Patentability of a new business strategy developed by a business house is patentable
According to Indian patent act section 3, which deals with inventions which are
considered not patentable, any "mathematical method or business method or a computer
program or algorithms are not patentable". However, they are patentable if a new
method solves a "technical" problem and an apparatus/system is developed from it.
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