Patent act 1970

This presentation includes introduction of Intellectual Property Rights, concpet of patents ,registration procedure and infringement of patent.

1. Patent Act 1970 Priyanka jagtap

2. Intellectual property is the product or the creation of the mind. It is different from other properties in term that is “Intangible”. Hence it needs some different way for its protection. Intellectual property

3. IPR is the body of law developed to protect the creative people who have disclosed their invention for the benefit of the mankind. This protects their invention from being coped or imitated without their consent. Intellectual property rights

4. A . Industrial Property : Patents Trademarks Industrial design Trade secrets B. Copyright Types of Intellectual Property

5. In India the grant of patents is governed by the patent act 1970 and rules 1972. The patents granted under the act are operative in the whole of India. HISTORY The Patent Law of 1856 The Patent and Designs Act 1911 The Patents Act ,1970 and Rules 1972 The Patent Amendment Act 2005 The Indian Patent Act 1970

6. A patent is a grant from the government which confers on the guarantee for the limited period of time the exclusive privilege of making , selling and using the invention for which a patent has been granted. What is a patent?

7. To enjoy the exclusive rights over the invention. The patent is to ensure commercial returns to the inventor for the time and money spend in generating a new product. Why one should go for getting a Patent?

8. In order to be patentable, an invention must passes four tests; 1. The invention must fall into one of the five “statutory classes”: Processes Machines Manufacturers Composition of matter, and New uses of any of the above. 2. The invention must be “useful” 3. The invention must be “novel” 4. The invention must be “ nonobvious ” What can be Patented ? Sec. 2(1)(j)

9. Patent Grant Procedure

10. Indian Patent Office The Patent Office, under the Ministry of Commerce and Industry, It has been established to administer the various provisions of the Patents law relating to the grant of Patents . Official website: http:// patentoffice.nic.in Locations : East- K olkata West- Mumbai North- Delhi South- Chennai( Madras)- includes Bangalore From Where to get a patent?

11. Three types of patent are granted under the provisions of the act namely: 1. An Ordinary P atent 2. A Patent of Addition 3. A Patent of Convention A second type of classification of Patent is: 1. Product Patent 2. P rocess Patent What are different types of Patent

12. Application for Patent can be made by any person whether a citizen of India or not, claiming to be the true or first inventor of the invention or by his “assignee” or legal representative. Application may be made alone or jointly with any other person. Who can apply for Patent?

13. In respect of a invention claiming the process of manufacture of a substance intended to be used as food or medicine--- 5 years from the date of sealing or 7 years from the date of patent whichever is shorter. In case of any other invention---14 years from the date of patent. What is the term of Patent?

14. The Indian Patent Act ,1970 The Patent (Amendment )Act, 2005 Process Patent Product Patent 5. years for food, drugs , medicines etc, and 14 years for other inventions 20. years for all inventions Indian market become undesirable for the MNCs MNCs to enjoy same IPR in India as they enjoyed elsewhere focus on generics and neglect of new drug discovery shifting of focus from generics to innovative drug discovery comparison

15. Rights of a Patentee

16. Patent infringement is the commission of the prohibited act with respect to a patented invention without permission from the patent holder. What is Patent Infringement?

17. Direct Infringement Indirect Infringement It directly states that the third party has willfully or intentionally stole the technology from the inventor without his prior permission. It refers to the unfair practice that does not give a clear indication that the patent is bought or sold in the market. It occurs when someone directly makes, uses or sells the patented invention. When a device is claimed and third party supplies a product which can only be reasonably used to make the claimed device. Types of infringement

18. Cases of infringement of Patent

19. Co- opetition – When Apple and Microsoft struck a deal Sep 29, 2011 By   MJ in   Articles Sleeping With the Enemy On Aug. 6, 1997, at the Macworld conference in Boston Steve Jobs announced the unthinkable. He announced a strategic partnership with rival Microsoft. The surprised audience first clapped then booed when they realized what had just been announced. Earlier, Apple had sued Microsoft for patent infringement. “Apple needs help from other partners … and relationships that are destructive are no help to anybody in this industry today…We have to let go of the notion that for Apple to win, Microsoft has to lose.” -  Steve Jobs at the Macworld conference in Boston in 1997. Case study

20. In 1997, Apple was struggling and Steve Jobs had just returned to save the company. Apple had lost more than a billion dollars with little sales growth. Microsoft on the other hand was the market leader and had loads of cash. The Strategic Deal – From enemies to ending all legal hostilities Apple and Microsoft signed a broad five-year patent-licensing agreement ending the legal hostilities. For five years, Microsoft would release an Apple (or Mac) version of its leading Office product in addition to the Windows version. Bill Gates had remarked that around 8 million Microsoft users were on the Apple platform and the Mac Office 98 was more advanced than even the one on the Windows platform as it utilized the unique capabilities of the Mac. Microsoft would invest $150 million in Apple shares (non-voting) and not sell it for three years. Cont:

21. Internet Explorer would be the default browser on the Macintosh platform. When the audience reacted negatively, Steve also announced that they would ship other browsers as well and it was up to the user to set any browser as their default. He also acknowledged Internet explorer as a good browser at the time. Apple and Microsoft would ensure that each of their versions of the Java programming language were compatible. Who won in the end Some call the deal a masterstroke from Steve Jobs and credit his leadership skills. Well, the numbers do not lie – 14 year after the deal in 2011, Apple is the most valuable company with market capitalization at approx. $375 billion and ahead of Microsoft’s market cap at approx. $210 billion. Cont:

22. Thank you