GROUP NO.

PATENTS

Topic-
1. Definition and explanation of patents. (Jainam)
2. History of patent (v)
3. Effect of the law. (M)
4. Challenges. (o)
5. Infringement. (b)
6. Type of Patent. (y)
7. Ownership. (k)
8. Governing laws and Cost (a)
9. Alternatives Benefits (c)
10. Criticism anti patents (apporva)
Definition and Explanation of Patents: -
Patent is an exclusive right given by a country to the owner of an
invention to make, use, manufacturing and market the invention.
provided the invention satisfied. • Exclusive right implies that no one
else can make, use, manufacture or market the invention without
the consent of the patent holder.
The word patent originates from the Latin patere, which means "to
lay open" (i.e., to make available for public inspection). which was a
royal decree granting exclusive rights to a person, predating the
modern patent system.
HISTORY OF PATENT: -
Patent law began in 500 BC
Due to stealing of the materials of others in their field, Roman jurists
discussed different types of ownership for intellectual works
First legislation in India was Act VI of 1856. Fresh legislation for
granting 'exclusive privileges' were introduced in 1859 as Act XV of
1859.
In 1872 the Act of 1859 was renamed a "The Patterns and Designs
Protection Act "under Act XIII of 1872.
In 1883, certain modifications were made in the law by United
Kingdom and it was considered that the modifications should also be
incorporated in the Indian Law.
After Independence, the Government of India constituted a
committee under the chairmanship of Justice (dr) Bakshi tek chand, a
retired judge of Lahore high court, in 1949 to review law in India.
In 1957, the Government of India appointed Justice N. Rajagopala
Ayyangar Committee to examine the question of revision of the
Patent Law and the report contained 2 parts
In 1967, again an amended bill was introduced which on the final
recommendation of the Committee, the Patents Act, 1970 was
passed
The second amendment to the 1970 Act was made through the
Patents (Amendment) Act, 2002 (Act 38 of 2002).
The third amendment to the Patents Act 1970 was introduced
through the Patents Act 1970 was introduced through the Patents
(Amendment) Oridinance, 2004
Purpose of the Law: -
The main motive behind patent was to encourage scientific research,
new technology and industrial progress. Patent law grants a
monopoly to the inventor to use their patented product and allow
the use of the same to someone with prior permission against
certain consideration.
Patent confers the right to manufacture, use, offer for sale, sell or
import the invention for the prescribed period to the inventor. In
short, the patent owner has the exclusive right to prevent or stop
others from commercially exploiting the patented invention. Patent
protection means that the invention cannot be commercially made,
used, distributed, imported or sold by others without the patent
owner's consent. It protects against infringement of the patent i.e., if
someone tries to replicate the invention or invents against an
existing patent the original inventor can enforce their right against
such duplicate product

Challenges: -
Infringement
Types of Infringement
There are two kinds of infringement:
 Direct Infringement
 Indirect Infringement
Exclusion From Infringement:
The law however enumerates certain exceptions to infringement
(a)Experimental and Research:
(b) Parallel Importation under certain conditions:

Type Of Patent: -
The patent system in India is governed by the Patents Act, 1970
(No.39 of 1970) as amended by the Patents (Amendment) Act, 2005
and the Patents Rules, 2003, as amended by the Patents
(Amendment) Rules 2006 effective from 05-05-2006. According to
this Act, there are six patent application types in India which are
described below.

Ordinary Application
Convention Application
PCT International Application
PCT National Phase Application
Patent of Addition
Divisional Application

Ownership of the Patent

Ownership of inventions created at Michigan Tech that are the result
of efforts conducted under an externally funded project are always
dictated by the terms of the contract under which that funding was
provided.
For projects funded by industry, state governments, and foundations
please review the terms of the agreement under which the project
was funded and contact the Office of Innovation and
Commercialization (I&C) for processing your disclosure consistent
with those terms.
For Federally funded projects, the invention ownership terms are
defined by the Bayh-Dole Act which was enacted into law in 1980
and specifically allows universities to retain ownership of inventions
resulting from federally funded research.

Governing Laws and Cost

Governing Law
The patent system in India is governed by the Patents Act, 1970 as
amended by the Patents (Amendment) Act, 2005 and the Patents
Rules, 2003. The Patent Rules are regularly amended.
Cost

The cost of getting patent depends on multiple factors which affects

the total cost of getting patent in India:

 Invention disclosure
 Novelty search (patentability search)
 Decide to file a patent application
 Patent drafting (patent writing)
 Filing Patent application
 Request for Examination
 Examination report
 Respond to objections
 Grant of patent
 Renewal of Patent fees

Alternatives Benefits
Criticism Anti-Patents