Patent Act

Patents are granted by the Government, 1. for the commercial exploitation of an invention 2. for a specific period of time 3. in consideration of the disclosure of the invention so that on expiry of the terms of the patent the information can benefit the public at large.
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Benefit

By virtue of the grant, patentee gets the exclusive right to prevent the third parties (not having his consent) from the act of making, using, offering for sale, selling or importing the patented product or process within the territory of grant.

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Rights and obligations

The exclusive right to use the invention during the term of the patent on payment of renewal fee from time to time. The patentee may assign his rights or grant licences to use the invention. There is an obligation cast on the patentee to work the invention on a commercial scale either by himself or through licensees.
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Limitation of patentees rights

Any person may, for the purpose merely of experiment or research, or for the purpose of imparting instructions to pupils, make or use a patented article or use a patented process without the consent of the patentee and without payment of any royalty.

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If the patentee does not do this, any interested person may obtain a compulsory license to work the patent. If in spite of compulsory licences being granted the invention is not worked on a commercial scale, the patent is liable to be revoked on the ground of non-working by following the procedure prescribed.
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Invention

1.

2. 3.

Any new and useful:Art, process, method or manner of manufacture, Machine, apparatus or other article, Substance produced by manufacture and includes any new and useful improvement of any of them, and an alleged invention.
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Sum up

Results in the production of some vendible product or, Improves, or restores to its former condition a vendible product or, Has the effect of preserving from deterioration some vendible products to which it is applied.

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Three essentials

Novelty Inventiveness (inventive step or lack of obviousness) Utility

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Computer programme

A computer programme is not considered a patentable invention.

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Transfer of Patent Rights

Legal assignment Equitable assignment Mortgage Transmission of patent

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Legal assignment

An agreement to assign an existing patent is a legal assignment. Assignee is entitled to have his name entered on the register of patents as proprietor of the patent and can exercise all the rights of the proprietor of a patent.

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Equitable assignment

Any document in which the patentee agrees with another person to give him a certain defined share of the patent with immediate effect, is an equitable assignment of the patent.

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Mortgage

A mortgage is a document transferring the patent rights, wholly or partly, to the mortgagee with a view to secure the payment of a sum of money. A mortgagee is not entitled to have his name entered in the register as the proprietor but he may have notice of his interest in the patent as mortgagee entered on the register.
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Transmission

When patentee dies or becomes bankrupt or, in the case of a company, dissolved.

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Legal remedy

Court injunction Damages Account of profit.

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Description

Title (indicating the subject matter of the invention and the method of performing) Claim or claims ( the scope of the invention for which protection is claimed)

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Provisional specification

Contains a general description of the invention, field of application and the anticipated results. No claims Objective- to fix the priority date of the patent Maximum time available 15 months

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Priority date

Date on which the patentee claims his invention It is the date on which novelty and inventiveness of the invention is tested

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Complete specification

Full description and its operation or use A disclosure of the best method of performing the invention which is known to the applicant

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Claims

Should be a precise legal statement of a technical fact and expresses in legal terms the scope of the invention. Main claim:- state what the invention is in the broadest form possible and permissible. It should be precise and have only meaning Subsequent claims:- add some extra feature to it.
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Disclaimer

Employed to limit the scope of the invention claimed or to remove doubts as the meaning of the specification.

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Opposition

Obtaining wrongfully Prior publication in any Indian specification Prior public use or public knowledge in India Obviousness and lack of inventive step Insufficient description of the invention

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