111097575-Presentation-on-Patents-Act-1970-New.ppt

It gives information about Patents

1. Indian Patents Act-1970
++++++++++++++++++++++++++++++++++++++++++

2. What is Patent ?

A grant of some privilege, property or authority
made by the Government or the sovereign of the
country to one or more individuals.

Patents for inventions and not for discoveries.

“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;

3. Objective of Patent

To encourage inventions by promoting their
protection and utilizations as to contribute
the development of industries, which in turn,
contributes to the promotion of technological
innovations and to the transferee and
disseminations of technology.

4. Exclusive Marketing Rights
Patents Act 1970 modified to Patents
(Amendment) Act 1999 and a new chapter inserted
with retrospective effect from 1-1-1995.
This chapter deals with exclusive marketing right
to sell or distribute an article or substance in
India.
Generally granted for medicines or drugs.

5. Exclusive Marketing Rights
All medicines for internal or external use of human
being or animal
All substances intended to be used for the
diagnosis, treatment or prevention of diseases.
All substances intended to be used for the
maintenance of public health or control of epidemic
diseases
Insecticides, germicides, fungicides, weedicides
and all other substances intended to be used for
protection or preservation of plants
All chemical substances which are intermediates in
the preparation of manufacture of any medicines
or substances.

6. Grant of Exclusive Rights
Where an invention has been made in India or any
other country, and an application is made on or
after 1-1-1995.
Where the claim for process patents for the
invention has been made on or after 1-1-1995.

7. Procedure for obtaining Patent
Submission of application
Examination of application
Advertisement of acceptance of complete
specification
Opposition to grant of Patent to the applicant
Hearing of the parties
Grant and sealing of the Patent.

8. Rights to patentee
To exploit the patent
To license the patent to another
To assign the patent to another
To surrender the patent
To sue for infringement of the patent
Right before sealing but after acceptance of the
specification.

9. Exceptions and Limitations on the
Rights of a Patentee
Government use of patent
Compulsory Licences
Use of inventions for defense purposes
Revocation for non working of Patents
Limitation on restored Patents.

10. Powers of Government to use Invention
Importation of an invention, being a machine,
apparatus or other article for merely
Government’s own use
Importation of medicine for distribution to any
dispensary, hospital or other medical
institutions
If such use has been before claim, government
shall not pay any royalty
If the patented product is a medicine or a drug
the royalty shall not exceed 4 % of the net ex
factory sale price

11. Acquisition of Invention and Patent
by the Central Government.
For public purpose or betterment.
May give notice of acquisition to the
applicant
Compensation may be paid as agreed. In
case of dispute, High court will
determine the compensation.

12. Government use of invention without
payment of Royalty – when?
When the government imports or makes or
uses any machine, apparatus, or article or any
process involved in using or distributing the
same.
When invention has been used by government
before the claim of patent
When government makes import or uses it for
its personal use

13. Compulsory Licences
Granted at any time after expiration of three
years from the date of sealing of patent.
Application made to the controller
Central government may declare in official Gazette
When reasonable requirements of the public with
respect to the patented invention have not been
satisfied
When the patented invention is not available at a
reasonable price.

14. Patentable Invention
A new product or process, involving an inventive step
and capable of being made or used in a an industry.
The invention to be patentable should be technical in
nature and should meet the following criteria –

Novelty: The matter disclosed in the specification is
not published in India or elsewhere before the date
of filing of the patent application in India

Inventive step: The invention is not obvious to a
person skilled in the art in the light of the prior
publication/knowledge/ document.

Industrially applicable: Invention should possess
utility, so that it can be made or used in and industry

15. What is not Patentable

Those inventions which are injurious to public health
or violate public morality or public interest.

New method of agriculture or horticulture

A process of treatment of human beings, animals or
plants cannot be Patented.

16. Application for Patents

Persons entitled to apply for patents:
1.) By any person claiming to be the true and first
inventor of the invention;
2.) By any person being the assignee of the person
claiming to be the true and the first inventor in
respect of the right to make such an application;
3.) By the legal representative of any deceased
person who immediately before his death was
entitled to make such an application;

An application under sub-section (1) may be made
by any of the persons either alone or jointly with
any other person

17. Continue.

Every application for a patent shall be for one
invention only and shall be made in the prescribed
form and filed in the patent office

Every application shall state that the applicant is in
possession of the invention and shall name the that
owner claiming to be the true and first inventor; and
where the person so claiming is not the applicant or
one of the applicants, the application shall contain a
declaration that the applicant believes that person so
named to be the true and first inventor.

Every such application shall be accompanied by a
provisional or a complete specification

18. Complete Specifications
It is an essential document in the filing of patent
application along with the drawing to be attached
according to the necessity.
Complete specification shall fully describe the
invention with reference to drawing, if required,
disclosing the best method known to the applicant and
end with Claim/Claims defining the scope of
protection..
The specification must be written in such a manner
that person of ordinary skill in the relevant field, to
which the invention pertains, can understand the
invention.

19. Continue.

Normally, it should contain the following matter-
1) Title of invention,
2) Field of invention,
3) Background of invention with regard to the
drawback associated with known art,
4) Object of invention,
5) Statement of invention,
6) A summary of invention,
7) A brief description of the accompanying drawing,
8) Detailed description of the invention with
reference to drawing/examples,
9) Claims,
10) Abstract.

20. Examination of Application
No application for patent will be examined if no request
is made by the applicant or by any other interested
person in Form-18 with prescribed fee. Complete
specification is subject to examination for following
matters

Whether the application and the specification are in
accordance with the requirements of this act

Whether there is any lawful ground of objection to
the grant of the patent under this act.
The examiner shall then make the report to the
controller within a period of eighteen months from
the date of such reference.

21. Opposition proceedings to grant of Patents
Representation may be made on the following grounds


The applicant for the patent or the person under or
through whom he claims, wrongfully obtained the
invention

The invention so far as claimed in any claim of the
complete specification has been published before the
priority date of the claim

The invention claimed in any claim of the complete
specification was publicly known or publicly used in
India before the priority date of that claim.

22. Continue.

The invention claimed is obvious and clearly does not
involve any inventive step, with regard to the matter
published or to what was used in India before the
priority date of the application

The complete specification does not sufficiently and
clearly describe the invention or the method by which
it is to be performed;

23. Continue.

The applicant has failed to disclose to the Controller
the information required by section 8 or has
furnished the information which in any material
particular was false to his knowledge;

In case of convention application, the application was
not made within twelve months from the date of the
first application for protection for the invention
made in a convention country

24. Continue.
The complete specification does not disclose or
wrongly mentions the source or geographical origin of
biological material used for the invention;
The invention so far as claimed in any claim of the
complete specification is anticipated having regard to
the knowledge, oral or otherwise, available within any
local or indigenous community in India or elsewhere,
but on no other ground.

25. 10/19/2510/19/25
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