Indian patent act - 1970

Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.

1. INDIAN PATENT ACT - 1970 Presentor , Vanitha . N B.Pharm acy KMCH COP Pharmaceutical Jurisprudence and Pharmacy Business Management

2. INDIAN PATENT ACT - 1970 2 Definition History of IPA Objectives and need of a patent Types of patent Inventions patentable and not patentable Terms, documents and where to apply patent? Patent application filing process Rights of a patentee Offences and penalties

3. DEFINITION IPR (Intellectual Property Right): It is a class of property emanating from human intellectual abilities and means Patents, Designs, Copyright, Geographical Indications, Trademarks, etc. PATENT: It is a grant in form of a document by the Government for disclosing a new invention by applicant . Indian patent act consists of, Chapters - 23 Sections - 162 3 Patent - Latin word " patere " meaning "to lay open"

4. HISTORY OF IPA-1970 Indian patent act 1970 was deliberated by two committees, Justice Bakshi Tek Chand Justice N.Rajagopal Ayengar Committee 1) Patents act - 1970 Ammended in 1999 2002 2005 2) Patent rules – 2003 Ammended in 2005 2006 4

5. OBJECTIVES AND NEED OF A PATENT OBJECTIVES : Encourage the inventor. To get good industrial growth. To get new technology . Benefit for society . NEED: To protect the creativity of individual. To protect the invention from copied To get reward to inventor. 5

6. TYPES OF PATENT Ordinary patent Patent for addition Patent granted under convention agreement Product patent Process patent 1) ORDINARY PATENT: It is granted on an ordinary application made. 2) PATENT FOR ADDITION: It is secured for an improvement or modification to granted patent. It remains in force till the original patent is valid . 6

7.   3) PATENT GRANTED UNDER CONVENTION AGREEMENT: It is based on an application made in a Convention Country notified under Section 133 of the Act. The convention application has to be made within 12 months from the date of the first application. It is now possible to secure patent protection for new products and the processes of preparation in Science & Technology and also for a new hardware.   4) PROCESS PATENT: The product can be manufactured by the totally new and different method. The exclusive rights are only for the methods of manufacturing the product. 5) PRODUCT PATENT: The person utilises the process that he has develop for product development. After granting a patent he can sell and distribute the product over country. 7

8. INVENTIONS PATENTABLE Development and process for the preparation of new compounds, new materials, new formulations or synergistic compositions. Improvement of an existing process for production of known compounds, known compositions and known materials Development of new medical kit, new machine/device, new hardware incorporating a software and improved machine device. 8

9. INVENTIONS NOT PATENTABLE Invention (or) discovery, Related to atomic energy Injurious to public health Contrary to natural laws Based on traditional knowledge Just a theory (or) based on known theory Arrangement (or) rearrangement in a known way A method for agriculture, horticulture, human health related. 9

10. TERMS OF PATENT: 5 years from date of sealing of patent. 7years from date of filling of complete specifications. 20 years from date of patent in respect of any other patentable invention.   DOCUMENTS WITH PATENT: The documents required in duplicate for filing an application for patent in India are as follows: Application Form 1 suitably modified. Provisional Certification (Form 1) or Complete Specification (Form 2). Abstract of invention. Any drawings, if necessary. Statement and Undertaking (Form 3). Prescribed fees. 10

11. WHERE TO APPLY? Kolkata (The Head Quarter of Patent Office) Mumbai Delhi Chennai The Nodal Ministry is Ministry of Commerce and Industry, Department of Industrial Policy and Promotion, Government of India, Udyog Bhavan , New Delhi PATENT SEARCH: The patents are categorized under The National Patent Systems of every country International Patent Classification System (IPC) The IPC system of classification categorizes the entire Science and Technology into 8 main headings , each heading into 95000 sub-headings . 11

12. STAGES FROM FILLING TO GRANT OF APPLICANT Filing of patent application ↓ 1) Early publication 2) Publication of 18 months ↓ P re-grant opposition ↓ Request for examination ↓ Examination: Grant (or) Refusal ↓ Publication of grant of patent ↓ Post-grant opposition ↓ Decision by controller ↓ Patent publishing 12

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14. RIGHTS OF A PATENTEE The rights of the patentee are defined in Section 48 of the Act. 1) Right to exploit the patent. To prevent 3rd parties from exploiting the patented invention . 2) Right to grant license. He/she has a power to assign rights (or) grant license . 3) Right to surrender. He/she has given the right to surrender the patent by giving notice in prescribed manner to the controller . 4) Right to sue for infringement. He/she is given the right to institute proceeding for infringement of a patent in a district court . 14

15. S. No. OFFENCES PENALTIES 1. Contravention of secrecy provisions relating to certain inventions Imprisonment for 1 – 2 year (or) Fine (or) both 2. Falsification of entries in register 3. Unauthorised claim of patent rights Fine – Rs.500/- 4. Wrongful use of words, “patent office” Imprisonment for 1 year extend upto 6 months (or) Fine (or) both 5. Refusal (or) failure to supply information 6. Practice by non-registered patent agents 1 st offence - Fine – Rs.500/- 2 nd offence – fine – Rs.2000/- 7. Offences by companies If the person committing offence, company shall be deemed to be guilty and shall be liable to be proceeded against and punished accordingly 15

16. REFERENCE FROM Textbook of forensic pharmacy by CK Kokate and SB Gokhale , Page No .: 176-184 . The pharmacy act 1970 from Google slideshare.com 16

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