PATENTS

The Patents Act,1970

WHAT IS PATENT ?
• “Patent” is derived from a Latin word ‘patene’ ,
meaning “to open.”
• A patent is an exclusive right granted for an
invention, which is a product or a process that
provides a new way of doing something, or
offers a new technical solution to a problem.
• The limited monopoly right granted by the
State enables an inventor to prohibit another
person from manufacturing, using or selling the
patented product or from using the patented
process, without permission.
• Period of Patents - 20 Years
OBJECTIVES OF PATENT

• It encourages research and invention.

• It induces the inventor to disclose his invention to the world

instead of keeping it to himself.

• It offers reward for the invention as monetary gains.

PATENTS ACT,1970

1. This act reflects the concerns of the developing nation i.e.

balancing the interest and needs of the inventors.

2. Patents are granted to encourage invention and secure the

inventions and commercial use to the fullest extent possible.

3. It is not merely granted just for the patentee to enjoy a

monopoly status.
CRITERIA FOR GRANT OF PATENT

Inventions in all fields of technology, whether products or

processes, if they meet the following criteria then patent can
be granted.
• Novelty (New)
• Non-obviousness (Inventive Step)
• Industrial application (Utility)
NOVELTY
• It must be a novel or something new. It must not be in existence
prior to it.

• It should not be known to the public or must not be in public

domain prior to the date of filing the patent application.

• The purpose of the novelty requirement is to prevent prior art from

being patented again.

• If it is not new then the patent application can be rejected.

• if an invention was known to the public before filing a patent

application, or before its date of priority, if the priority of an earlier
patent application is claimed, the invention is not considered new
and therefore not patentable
 NON- OBVIOUSNESS/ INVENTIVE
STEP
• The inventive step and non-obviousness reflect a
general patentability requirement present in most patent laws

• It means that an invention should be sufficiently inventive i.e.

non-obvious in order to be patented.
 
• Non- obviousness principle means it must not be obvious to
the a person skilled in that particular field.
INDUSTRIAL APPLICATION
• Industrial applicability or industrial application is
a patentability requirement according to which a patent can
only be granted for an invention which is susceptible
of industrial application, i.e. for an invention which can be
made or used in some kind of industry.

• If it is not for industrial application the patent will not be

granted.
WRITTEN DESCRIPTION
• A written description of the invention must be filed with every patent.

• It should have all the details of the invention. It must be sufficient to

enable a person of ordinary skill in the art to make and use the invention.

• It may include the following:

• Title
• Technical field
• Background information and prior art
• Description of how your invention addresses a technical problem
• List of figures
• A detailed description of the invention
• One example of intended use
• A ​sequence listing (if relevant)
BEST MODE

• The best mode requirement requires the inventor to disclose his

or her preferred way of carrying out the invention at the time
the patent application is filed.

• Best mode looks into whether specific instrumentalities and

techniques have been developed by the inventor and are known
at the time of filing as the best way of carrying out the
invention.
PRIOR ART
• Prior Art refers to the scientific and technical information that
exists before the effective date of a given patent application.

• Any existing product is the most obvious form of Prior Art.

• Prior Art refers to the fact people are aware of the existence
of such information and it is made available to the public
before the date of filing the patent application.

• Existence of prior art is evidence that the invention is already

known.
PRIORITY DATE
• Where a person has filed a basic application for patent in
respect of an invention in a convention country and then
files an application in India before the IPO then he shall be
accorded the date of priority i.e. the date of making the
basic application or prior application.

• Priority date is important in reference to checking whether

there is a Prior Art existing at the time of making the
application for the grant of patent.
 Grant of Patent
• Patents are granted by national patent offices after
publication and substantial examination of the
applications
• In India provisions exist for pre-grant and post grant
opposition by others
• They are valid within the territorial limits of the
country
• Foreigners can also apply for patents