PATENT LAWS

INDIA
AND
WORLD WIDE
 PATENT LAWS IN INDIA
 Regulated by PATENTS ACT 1970.
 Does not allow to grant product
patent in certain areas of
pharmaceuticals
 Only allows process patents
 GATT agreement allows product
patents(being framed)
 Where can a patent be filed?
 For an Indian resident - At
appropriate patent office under
whose jurisdiction he resides/or carry
out his business.
 Non resident – Address for service in
India or principle place of business of
his agent determines the appropriate
patent office.
 PATENT INFORMATION
SYSTEM
 OBJECTIVES
 Obtain and maintain a comprehensive
collection of patent specification and
patent related literature world wide
 Provide technological information
contained in patents or patent related
literature through publication services
, search services and patent copy
supply service
 Meet statutory obligation regarding
novelty search under the Patent Act
 Presently the office is headed by the
Deputy Chief Executive Officer (DCEO).
 For all matters relating to PIS, the DCEO
may be contacted at the following
address :-

 Patent Information System

CGO Complex, Block 'C, 3rd Floor,
Seminary Hills,
Nagpur - 400006, (India)
Phone No. 91-0712-560670
91-0712-510088
91-0712-511241
Fax No. 91-0712-51-186
 DEFINITIONS AND
INTERPRETATION
“Assignee”includes the legal
representative of a deceased assignee.

“Exclusive licence" means a licence

from a patentee which confers on the
licensee, or on the licensee and persons
authorized by him, to the exclusion of all
other persons (including the patentee), any
right in respect of the patented invention,
and "exclusive licensee" shall be construed
accordingly.
      “Food” means any article of
nourishment and includes any substance
intended for the use of babies, invalids or
convalescents as an article of food or
drink.
       “Government undertaking” means any
industrial undertaking carried on :-
            by a department of the Government,

or
              by a corporation established by a
Central, Provincial or State Act, which is owned
or controlled by the Government,
or
by a Government company as defined
in section 617 of the Companies Act, 1956,1 of
1956 and includes the Council of Scientific and
Industrial Research and any other institution
“Invention” means any new and
useful
      Art, process, method or manner of
manufacture;
   Machine, apparatus or other article
   Substance produced by
manufacture,

And includes any new and useful

improvement of any of them, and an
alleged invention;
“medicine or drug” includes
  All medicines for internal or external use of
human beings or animals,
 All substances intended to be used for or in
the diagnosis, treatment, mitigation or
prevention of diseases in human beings
or animals,
 All substances intended to be used or in the
maintenance of public health, or the
prevention or control of any epidemic
disease among human beings or
animals,
  Insecticides, germicides, fungicides,
weedicides and all other substances
intended to be used for the protection or
preservation of plants,
  All chemical substances which are ordinarily
 PATENT DEFINITION
 ‘patent’ means a patent granted
under this Act and includes for the
purposes of sections 44, 49, 50, 51,
52, 54, 55, 56, 57, 58, 63, 65, 66, 68,
69, 70, 78, 134, 140, 153, 154, and
156 and Chapters XVI, XVII and XVIII,
a patent granted under the Indian
Patents and Designs Act, 1911
 “Person interested” includes a
person engaged in, or in promoting,
research in the same field as that to
which the invention relates .

 “True and first inventor”does not

include either the first importer of
an invention into India, or a person
to whom an invention is first
communicated from outside India.
 What are not inventions
 An invention which is frivolous or which claims anything
obvious contrary to well established natural laws;

 An invention the primary or intended use of which would

be contrary to law or morality or injurious to public
health;

 The mere discovery of a scientific principle or the

formulation of an abstract theory;

 The mere discovery of any new property of new use for a

known substance or of the mere use of a known process,
machine or apparatus unless such known process results
in a new product or employs at least one new reactant;

 A substance obtained by a mere admixture resulting only

in the aggregation of the properties of the components
thereof or a process for producing such substance;
 What are not inventions
 The mere arrangement or re-arrangement or duplication of
known devices each functioning independently of one another in
a known way;

 A method or process of testing applicable during the process of

manufacture for rendering the machine, apparatus or other
equipment more efficient or for the improvement or restoration
of the existing machine, apparatus or other equipment or for
the improvement or control of manufacture;

 A method of agriculture or horticulture;

 Any process for the medicinal, surgical, curative, prophylactic or

other treatment of human beings or any process for a similar
treatment of animals or plants to render them free of disease or
to increase their economic value or that of their products.

 Inventions relating to atomic energy not patentable

 No patent shall be granted in respect of an invention relating to
atomic energy falling within sub-section (1) of Section 20 of the
 Process Patents
Inventions where only methods or processes
of manufacture patentable
In the case of inventions :-
 claiming substances intended for use, or capable
of being used, as food or as medicine or drug, or
 relating to substances prepared or produced by
chemical processes (including alloys, optical
glass, semi-conductors and inter-metallic
compounds),
“No patent shall be granted in respect
of claims for the substances themselves, but
claims for the methods or processes of
manufacture shall be patentable.”
 Registration of Patents
Persons entitled to apply for patents

 Any person claiming to be the true and

first inventor of the invention;

 Any person being the assignee of the

person claiming to be the true and first
inventor in respect of the right to make
such an application;

 The legal representative of any deceased

person who immediately before his death
was entitled to make such an application.

An application may be made by any of

the persons preferred to therein either
alone or jointly with any other person.
PATENTS WORLDWIDE