IPR Patent Act

Part - II

Basic Purpose :

Earlier Patent Act 1911 Now Patent Act 1970 International level PCT Difference between patent & trade secret

To encourage invention Helps in spread of knowledge Fair return

What can be patented ? It should be new It should be useful It should be invention

Difference between discovery ??

invention

&

It should be capable of industrial application Vendibility (test of marketing)

What are not invention ?

Invention which claim anything contrary to well established natural laws. Invention which intended use could be contrary to public, morale. Invention which caused serious damage to human, animal or plant, health or environment Merely discovery of scientific principal or formula Merely discovery of any new property of known substance

What can be patented ? Merely arrangement or rearrangement of duplication of known devices each functioning independently of one another in known way Any process for medical, surgical, diagnostic, therapeutic or treatment of any process to render them free of disease Seeds, varieties, spices essentials for biological process for production

What can be patented ?

Business methods Computer programme Mathematical method Literary, musical, dramatic work Mere scheme or method of playing game Presentation of information Topography of integrated circuit Methods of agriculture or horticulture Invention related to atomic energy

Term of patent 20 years Generally it takes 6 years to obtain patent Right under patent commencement from date of advertisement of acceptance of complete specification Renewal:
At the expiry of 2nd year

Right of patentee Product Patent

Exclusive right to prevent third party from making art of making, using, offering for sale, selling or importing in india.

Process patent

Exclusive right to prevent third party from act of using that process only

Right of patentee He can assign, licence, mortgage

Assignment should be in writing Document of assignment provide all terms should

Details filed with authority in 6 months from execution of documents

Condition for patent Any product, machine or process patent can be used or made for :
Research or experiment

Government can import any machine or produce

Revocation of patent Patent was wrongfully obtained Claim is not invention Invention is usefulness Specification is not complete Patentee fails to comply with request of central government to make, use of exercise patent Public interest For the protection of security of india

Steps for obtaining patent Filing application with either provisional specification or complete specification Filling complete specification (within 12 months) Examination of application Advertisement of application in official gazette Overcoming opposition if any Sealing of patent