PATENT ACT

1970

PATENT

Patent is an exclusive right granted to anyone who invents new or

improved product or process by the government.
A patent provides

Must be in respect of invention

INVENTIONS NOT PATENTABLE

Anything contrary to natural laws
Intended for commercial exploitation
Mere discovery of scientific principles
Admixture of substances
Re-arrangement of devices
Mathematical methods / Business Method
Process for treatment of human beings

ENTITLED FOR
APPLICATION OF PATENT
[Section 6 ]

By any person claiming to be true and first

inventor
By any person being the assignee of person
claiming to be true and first inventor
By the legal representative of any deceased
person or assignee

WHERE TO APPLY

Head Office / Branch Office as per territorial limits :

Single

HOW TO APPLY
Prescribed Format
Application Proof about right If by assignment
Application stating that invention is in
possession of applicant and person is true owner

GRANT OF PATENT
Publication

RIGHTS OF PATENTEE
Product

LAPSE OF PATENT

Failure to pay renewal fees

Restoration within 18 months with Form 15

and application for restoration

SURRENDER

Anytime in Form 14 to Controller

Controller publish Notice of an offer for
interested persons
Interested person within 3 months of publication
may give opposition to surrender
Controller notify Patentee
If the Controller is satisfied that the patent may
properly be surrendered, he may accept the offer
and, by order, revoke the patent.

REVOCATION OF A PATENT
Revoked by the High Court or an Appellate
Board
Invention Earlier Claimed
Patentee not entitled to apply
Patent obtained wrongfully
Subject claim not an invention
Invention not useful , not new , is obvious
Invention not fairly described
Invention secretly used before priority date of
claim
Prejudicial to public

INFRINGEMENT
Made, Sold or used the invention without license
Imitated
Putting Invention in practice

INFRINGEMENT ESSENTIALS

Patentee alleging infringement has not to show

that he has suffered commercial loss.

RELIEF
An Injunction ( Ruling )
Damages- Loss sustained by patentee
Account of Profits- Net Profits realized by
infringer attributable to it
Seize / Forfeiture / Destroy of Goods Infringing
Materials

Defense