Patent Act 1970

1. Patent
2. Invention
3. Procedure for acquiring Patent
4. Rights of Patentee
5. Infringement & its remedies
6. Revocation of Patent
7. Patent Agent
 Extent of Patent Act

1. It extends to whole of INDIA.

2. It came into force on 20th April
1972.
What is PATENT ?
When the inventor creates anything new by
applying his intellect, labor & skill, the
product so obtained becomes his Patent &
has exclusive right over it. Such inventor is
call Patentee. It is form of Intellectual
Property.
OBJECTS OF PATENT
To encourage invention
To develop scientific thinking
To introduce new techniques and methods.
To encourage industries for fast and rapid
development.
While keeping the existing invention active, to
encourage further invention
To pay reward to the inventor for his new and
useful invention
INVENTION under Sec 2(1)(j)

Invention means a new product or

process involving an inventive step and
capable of industrial application.
What are not inventions under sec (3)
1. An invention which is frivolous or which claims
anything contrary to well established natural laws.
2. An invention which is against morality or public
order health.
3. Mere discovery of a scientific principle or discovery
of any living or non-living substances.
4. Mere discover without any novelty.
5. To discover the known substances in such new form
which doesn't increase the effectivness of the
substances .
6. Discovery of any method of game, any mental plan or
work plan.
7. Method of Agriculture or Horticulture.
8. Arithmetical method and decimal system.
9. Works related to literary, dramatic, musical, artist,
cinematographic and television productions.
10. such invention which is already known and
prevalent in the society as a custom.
11. Plants, animals, and their parts and their
products,
12. Discovery of any method relating to treatment of
disease or any procedure which make the human
beings and animals free of any disease.
Sec 4 of Patent Act:
No invention is to be patented under sec
20(1) of Atomic Energy Act,1962.
[sec 20(1) of AEA: No patents shall be
granted for invention which in the
opinion of the central govt are useful for
production, control, use or disposal of
atomic energy.
What is Patentable ?

1. It must be novel

Invention must be non-obvious.
Invention must be useful.
Procedure of acquiring PATENT(Sec 6 to 53);

Presentation of Application: as per sec 6 to

11, provision made for getting application for
granting patent.
Application for granting patent can be made
by following:
1st and real inventor
Assignee of such person
Any legal representative of deceased person.
Application can be made single or jointly.
Application for a patent shall be made in
prescribed form and filled in the patent
office(sec 7).

 The following things will be mentioned in the

application :
a. Date of application
b. Name of office
c. Certificate granted for conferring right for making
application for the patent.
d. That the inventor is in the possession of the
invention.
e. That the inventor is 1st and true person as claimant
for patent.
Applicant has to submit specification alongwith the
application. It is a technical document. Its main
objective is to make the invention available to the
public after the expiry of the patent so that the
patent may be used by other person apart from the
patentee.
Ramanarayan kher vs. Ambassador industries, New
Delhi 1976:
In the technical specification, the inventor has to give
the clear and complete of details about the
invention. He has to give complete details about the
subject matter of the invention.
Publication of application
The invention will not open for public before 18
months, after the date of filling the application,
whichever is earlier . But the applicant can
request the Registrar to grant permission for its
publication.
The following things will be entered in such
request application:
Date of application
Reference number of application
Name and address of applicant
summary
GRANTING OF PATENT sec(43)
If the following things are decided, the patent
office will grant the patent with its seal:
The application made for the patent is correct
The application has been accepted by the
controller
That it doesn’t violate the provisions of PATENT
ACT.
The entry will be made in the register. When the
patent is granted by the controller, this will be
published and all related documents about it will
be kept open for inspection for general public.
RIGHTS OF PATENTEE (sec 48,63,70 and 104)
1 Right to use patent:
The patentee acquires monopoly over the use of his patent. He enjoys
exclusive rights over it.
U/n Sec 48, the patentee enjoy the following rights:
To check the creation of subject matter of patent
To check that nobody can adopt his patent and sell it.
2.Right to Surrender the patent:
u/n sec 63 the patentee has the right to surrender the patent.
The patentee may surrender his patent to the controller at any time
by informing him.
When this is proposed, the controller will publish it in the prescribed
manner and all those interested persons will be informed.
If the controller accept the surrender then the patentee will be asked
to return the patent. The controller then will revoke the patent.