BUSINESS LAWS

BUSINESS LAW GROUP ASSIGNMENT

GROUP 8 :-
PRADIP KUMAR MANIK (211120)
PRIYA SINGH (211121)
PRIYANK AGARWAL (211122)
PRIYANSHI AGARWAL (211123)
RAJ BADIYANI (211124)

SUBMITTED TO - PROF TEJPAL SETH

Date - 23/03/2022
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

Introduction of Act

The Patents Act 1970 and the Patents Rules 1972 replaced the Indian Patents and
Designs Act 1911 on April 20, 1972. The Patents Act was largely based on Justice
N. Rajagopala Ayyangar's Ayyangar Committee Report recommendations. One of
the recommendations was to allow only process patents for inventions related
to pharmaceuticals, medicines, food, and chemicals.
Later, with the purpose of modernising its patent system and aligning itself
with the modern world, India joined a number of international treaties. Joining
the Trade Related Intellectual Property Rights (TRIPS) system was an important
step in achieving this goal.

Definition of patent

A patent is right to enjoy the exclusive privilege of making, selling and using the
invention for which a patent has been granted.

Definition of invention:
A new product or a technique incorporating an inventive step and capable of
industrial application is defined as a "invention" under Section 2(1)(j) of the
Patent Act of 2005.
"New invention" refers to any invention or technology that has not been
anticipated by publication in any document or used in the country or elsewhere
in the world prior to the filing of a patent application with complete
specification, i.e., the subject matter has not entered the public domain or is not
part of the state of the art.
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

What can be patented?

In order to get patented, the invention must have 4 parameters, which include:

It has to be a "NOVEL." It has to be one-of-a-kind and unique. This means that

the invention must be brand new and there must be no existing evidence of it.
"NON-OBVIOUS" is required. It has to be one-of-a-kind. An individual's
contribution to contemporary technology cannot be patented.
"USEFUL" innovation is required. It must add value to the common man's life
and must not benefit or support the use of illegal substances or be used for
any immoral purpose.

Invention must not be:

1. Printed in India or elsewhere,

2. Within India, previous public knowledge or prior public use
3. In India, it has never been claimed previously in any specification.

Definition of invention:
A new product or a technique incorporating an inventive step and capable of
industrial application is defined as a "invention" under Section 2(1)(j) of the
Patent Act of 2005.
"New invention" refers to any invention or technology that has not been
anticipated by publication in any document or used in the country or elsewhere in
the world prior to the filing of a patent application with complete specification,
i.e., the subject matter has not entered the public domain or is not part of the
state of the art.
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

What can be patented?

In order to get patented, the invention must have 4 parameters, which include:

It has to be a "NOVEL." It has to be one-of-a-kind and unique. This means that

the invention must be brand new and there must be no existing evidence of it.
"NON-OBVIOUS" is required. It has to be one-of-a-kind. An individual's
contribution to contemporary technology cannot be patented.
"USEFUL" innovation is required. It must add value to the common man's life
and must not benefit or support the use of illegal substances or be used for
any immoral purpose.

Invention must not be:

1. Printed in India or elsewhere,

2. Within India, previous public knowledge or prior public use
3. In India, it has never been claimed previously in any specification.

What inventions are non-patentable

Even though the purpose of a patent is to protect the creator's work, many things
do not qualify for one under Indian law (sections 3 and 5 of the Indian Patents Act,
1970):
Agriculture or horticulture in any kind
Any procedure that falls under the heading of medical, surgical, curative, or
other human, animal, or plant treatment.
An advancement or discovery in the field of atomic energy.
Unique machine, device, or process discovery
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

Who Can File a Patent Application?

Any of the following individuals, acting alone or in collaboration, can file a patent
1. True and first inventor,
2. His or her legal assignee, or
3. The legal representative or assignee of a deceased inventor

Stages to file for grant of a patent

Filing of Application

The first stage comprises submitting a patent application to the IPO in the prescribed
format, together with all required documentation. The IPO requires information on the
applicant as well as information about the invention, such as specifications, equivalent
applications filed in other countries, and so on. The IPO assigns a filing date and an
application number to this application once it is received.

1. Before accepting the application and fee, an examiner reviews the formal
requirements.
2. On the same day, the application number and the cash receipt will be issued.
3. In the event that an application is received by mail, a cash receipt is issued and an
application number is supplied by mail within 2-3 working days.

Request for Examination

1. The application is kept secret for 18 months after it is submitted.
2. The application is published in the official journal in the 19th month; the journal is
updated weekly on the website.
3. The applicant has the option of having his application published earlier than 18
months.
4. In this situation, the application will be made public within one month of the
applicant's request.
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

Consideration of Pre-grant Opposition

• The controller may either reject the opposition and award the patent or accept the opposition
and modify/reject the patent application after reviewing the opposition and the comments
made at the hearing.
This must be completed within one month after the conclusion of the opposition procedures.
Grant a Patent
Within seven days, a patent certificate is granted.
The patent is granted and published in the official journal.
Renewal fee
To be paid within 3-6 months after the date of the register entry.
There is no charge for the first and second years.
For the 3rd to 20th year, a renewal fee is necessary to be paid on a yearly basis in order to keep
the patent in force.
On payment of a fee for an extension of time, a delay of up to six months from the due date is
possible.
If the renewal fee is not paid within the specified time, the patent expires.
Rights of patentee
Patent exploitation rights
The patentee has the right to prevent unauthorised use of the protected innovation by third
parties.
• Licensing authority
The patentee has the authority to assign or issue licences to others.
• Right to renounce
The patentee has the option to surrender the patent by notifying the controller in the prescribed
manner.
• Suitability for infringement
A patentee is granted the right to file a lawsuit in district court for patent infringement.
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

Issue of FER

1. The Examiner has a period of 1 to 3 months to submit the report to the controller.
2. Within six months of the request being filed, a First Examination Report (FER) with a
list of objections is produced.

Response from applicant

1. The applicant has 12 months from the date of FER issuance to respond to the
objections.
2. If all objections are addressed, the controller approves the patent grant within one
month

Pre-grant opposition

1. An opposition can be submitted within six months of the publication date.

2. There is also the option of hearing the opponent.

Examination of pre-grant opposition

1. The applicant receives an opposition (document).
2. Responses are allowed to be received for a period of three months.
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

Protective Measures:

On and from the date of publication of the application for patent and until the date of
grant of patent in respect of such patent, the applicant will have the same privileges and
rights as if the patent for the invention had been granted on and from the date of
publication of the application for patent and until the date of grant of patent in respect
of such patent. The applicant, on the other hand, cannot commence infringement
proceedings until the patent has been granted. This section gives the petitioner the right
to seek damages from the date of the advertisement.

Exceptions to this rule are pharmaceutical and agrochemical patent applications filed
under section 5(2), which will be protected from the date of patent award, not from the
date of publication of the invention. Furthermore, Indian manufacturers who made
significant investments and were producing and marketing the product in respect of the
application filed under section 5 (2) prior to January 1, 2005 will continue to do so even
after the patent on said application (pharmaceuticals and agrochemicals) is granted, and
no infringement proceedings will be brought against them. The patent holder will be
entitled to a reasonable royalty from the manufacturer.

Opposition Proceedings:

1.wrongful obtaining,
2.prior publication,
3.prior claiming,
4.prior public knowledge and use,
5.obviousness, insufficiency,
6.failure to file information regarding foreign filing under Section 8
7.convention application not made within 12 months,
8.Not disclosing or incorrectly mentioning the source and geographical
9.origin of biological material in the complete specification, complete
specification was anticipated having regard to the knowledge, oral or otherwise
(traditional knowledge).
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

Types of patents

Patent granted under the act:

If the applicant does not have any priority to claim or if the application is not filed in
response to any earlier convention application, an ordinary patent application may be
filed.
A patent of addition is a type of patent that is divided into sub-parts. In India, an
addition patent is described as a weapon that protects items or methods, as well as
their enhancements and variants. It serves a valuable purpose in that it covers a wide
range of changes or modifications that aren't covered in the main patent.
A convention application is a patent application submitted in the Patent Office that
claims a priority date based on the same or substantially similar application filed in
one or more of the convention countries.

Opposition Proceedings:

1.wrongful obtaining,
2.prior publication,
3.prior claiming,
4.prior public knowledge and use,
5.obviousness, insufficiency,
6.failure to file information regarding foreign filing under Section 8
7.convention application not made within 12 months,
8.Not disclosing or incorrectly mentioning the source and geographical
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

Other type of classification

1.Product Patent -

A product patent application can be filed by the inventor in any country

where he wants to protect the product. The product should not be based on
any prior art and should not be used or available on the market.

2.Process Patent -

Process patents are designed to give the owner exclusive rights to a specific
commercial or technical process.

Expiry of a Patent

1. The patent has reached the end of its term.

2. The patentee has not paid the required renewal costs.
3. An opponent successfully challenged the patent's validity by filing an opposition with
either the patent office or the courts.
4. When patents expire, they become part of the general public domain, which means
that anybody can use them without the permission of the original inventor.
 CRITICAL EVALUATION OF PROVISIONS
RELATING TO PATENT ACT 1970

https://www.slideshare.net/soumyaathira/indian-patent-act-14927139
https://www.mondaq.com/india/patent/54494/patent-law-in-india
https://www.indiacode.nic.in/handle/123456789/1392?
sam_handle=123456789/1362