Intellectual Property Rights and

Entrepreneurship Development Programme

Course code: 601203

Centre for Nanoscience and Technology

Aryabhatta Knowledge University, Patna
Mithapur, Patna
Bihar

Content developed by: Dr. Vijay Kumar Ravi

 Patent
• (A) Patent is covered under the Act called the Patents Act, 1970
[Amended by Patents Act, 2005]
• (B) It extends to the whole of India.
• (C) It shall come into force on such date as the Central Government
may publish, by notification in the Official Gazette.
 Patent Law in India
• The patent law in Indian started with the foundation of the Indian
patent and design Act in 1911.
• Presently, it is governed by Patenting the Indian patents Act (1970)
and it came into force in the year 1972.
• The amendment made in 2005 in patent Act (1970) ,Where in
product patent was extended to all field of technology including
• microorganism, microbial organism, chemicals, food, and drugs
(Hamied et al, 1988; Vagadia et al, 2007).
 Patents
• Definition:
• An invention for which the inventor claims the exclusive right can
be patented.
• INVENTION PATENABLE IF.....
• NEW (Novel)
• USEFUL
• NOT OBVIOUS
• PERTAINS TO PATENTABLE SUBJECT MATTER
 What to be Patented
• Invention
• Relates To A Process Or Product Or Both
• Involves An Inventive Step
• Be Capable Of Industrial Application: A Machine
• New Protocol
 Types of Patent
(1) Utility patents: Under this category patent may be granted for
any new
invention or discovery of any new and useful process, machine,
article
of manufacture or composition of matter, or any new and useful
improvement thereof.
(2) Design patents: Patent may be granted for invention of a new,
original, and ornamental design for an article of manufacture.
(3) Plant patents: This patent may be granted for invention or
discovery of any distinct and new variety of plant.
Mishra et al., 2019, DOI: https://doi.org/10.1016/B978-0-12-815879-1.00008-2
 Kinds of patent application filing in
India
• There are following different types of patent application that can be
filled in India:
• for granting patent (http://www.saroassociates.in/);
• Ordinary patent application
• Convention patent application
• Patent corporation treaty (PCT) international patent application
• PCT National phase patent filing
• Application for patent of application
• Divisional patent application
Mishra et al., 2019, DOI: https://doi.org/10.1016/B978-0-12-815879-1.00008-2
 Duration and Life of Patent
• Term of the patent is 20 years from the date of filling for all types of
inventions.
• Priority date- first to file
• The date of patent is the date of filing the application for patent.
• The term of the patent is counted from this date
 Fees for filing a patent
• The Government fee for filing a patent application in India is Rs.750/-
for
• individuals and Rs.3,000/- for legal entities.
• No fee for 1st and 2nd year
• Renewal fee, on yearly basis, is needed to be paid for 3rd to 20th for
keeping the patent in force.
• Patent lapses if renewal fee is not paid within the stipulated period
 Did Patent granted in one country
Enforceable in other countries?
• Not, there is nothing like a global patent or a world patent.
• Patent rights are principally territorial in nature.
• Granting a patent in one country of the Union does not force other
countries to grant the patent for the same invention.
• The rejection of the patent in one country does not mean that it will
be not file for patent in all the other countries.
 Patent Administration
• Patent System in India is administered under the Superintendence
of the Controller General of Patent, Design, Trademarks and
Geographical Indications.

• The Office of the Controller General do function under the

Department of Industrial Policy and Promotion, Ministry of
Commerce and Industry.
 Patent Offices in India

Head Office in Kolkata

Patent System in India by Jyoti Verma, 2011
Examiner for Patent

Patent System in India by Jyoti Verma, 2011

Patent Application Grant or Rejection

Patent System in India by Jyoti Verma, 2011

 Beneficiaries of the Patent Grant
• The inventor is secured from competition and can exploit
(full use and benefit) the invention for his/her gain.
• For the public the invention becomes public knowledge.
• The technology is freely available after expiry of patent and
cheaper and better product becomes available.
Thank You