PATENTS ACT, 1970

It extends to the whole of India

Objective: To protect the inventions
Meaning of Patents rights: exclusive rights over
the
Design
Manufacture or
Modification of any product/procedure/goods
Sell or distribute
By its inventor
 APPLICATIONS FOR
PATENTS
Who can make an application?
First inventor of the invention
Assignee of such inventor
Legal representative of the
inventor/assignee
 Form of application

Shall be for one invention only

Shall be made in the prescribed form
Shall be filed in the patent office
Proof of right to make application in
case of assignee/legal representative
Detailed specification of the invention
 Contents of specifications

Description of the invention and

shall begin with a title
Drawings
Model/sample of illustrating the invention
Methods of operation and use
Best method of performing the invention
Scope of the invention for which protection is
claimed
Declaration as to the inventorship of the invention
 Examination of application
Controller to refer to examiner for a detailed
report
Based on the report applicant may be asked to
give clarifications if any
All details should be supplied within 15 months
Controller’s power to refuse registration or seek
modification of the application
Acceptance to be published in the gazette calling
for objections from public
Right to appeal in High court.
 Opposition to grant of patent

To be filed within 4 months from the date of publication

 grounds for opposition
The applicant has wrongfully obtained the invention from
the opponent or his assigns
The alleged invention is publicly known or publicly used
in India
The claim is not an invention within the meaning of this
Act
The specification does not clearly describe the invention
False and misleading information in the application
 GRANT AND SEALING OF
PATENTS
Where, a complete specification has been
accepted
No one has opposed
Opposed but decided in favour of the
applicant
Application has not been refused by
controller
Patent shall be sealed and granted.
 Form, extent and duration of
patents
Shall be in prescribed form
Shall have effect throughout India
A patent can be granted to one invention only
Patent related to food or medicine valid for 5 years
In other cases it is valid for fourteen years.
May be renewed thereafter by paying renewal
fees.
 Surrender of patents

Patentee may do so by giving notice to the

controller
Controller will advertise inviting objections from
interested parties.
If no objection received or objections are
overruled
Then it may be allowed to be surrendered.
 Revocation of patents

May be revoked by High Court.

On the petition by interested parties

On the petition by the central government
On counterclaim for infringement by others
 PATENT OFFICE AND ITS
ESTABLISHMENT
Controller General of Patents, Designs
and Trade Marks
examiners and other officers

Disputes to be decided by High court.