Patents act 2005

Patent act, 2005 for the students of all streams. mostly it is important for pharma based students

1. Patents Act, 2005 Intellectual Property Rights

2. Types of Intellectual Rights Patents Copyright Trade Marks Geographical Indications Industrial Designs

3. Extends to the whole of India Objective: encourage indigenous industrial growth Fostering innovation and technology and bringing new inventions to market for the benefit of society

4. Invention: New product or process involving an inventive step and capable of industrial application Includes any new and useful art, process, method of manufacture Product, machine, apparatus, substance or other article and includes new and useful improvement

5. Patentable Inventions: Criteria Novelty Non-obviousness (Inventive Step) Usefulness

6. Non-patentable inventions: Frivolous Contrary to law, injurious to public health Formulation of abstract theory Discovery of living and non-living substances Medicinal, surgical, curative, prophylactic, diagnostic or therapeutic treatment of human being or animal

7. Non-patentable Method of agriculture or horticulture Mere rearrangement of known devices Presentation of information Traditional knowledge

8. Patent is defined as ‘monopoly granted by the central government to the applicant (subject to certain conditions) for a limited period (20years) in lieu of full disclosure of invention OR Exclusive right granted to the owner of an invention to make use, manufacture and market the invention within the framework of law

9. Advantages Avoids duplication of research Updating of latest development in various fields Improvement of technology to provide better and more economical products Serves as an indicator of achievements in R&D Helps to frame business strategy

10. Types of Patent Product patent Process patent OR Independent Patent Patent of an addition

11. Patent Application Can be filed in appropriate Patent Office Application may be filed with Provisional Specifications Complete specifications to be filed within 12 months

12. Every complete specification shall Fully describe the invention and its operation Disclose the best method of operation/performing the invention End with a claim/claims defining the scope Accompanied with an abstract providing technical information

13. Provisional Specifications To establish priority of invention Registers the earliest authorship on first cum first basis It has to be followed by complete specification within 12 months

14. Grant of Patent Allotment of the application to specific examiner Examiner determines the procedural validity Prior art search covering publications in India and abroad First examination report: 18-24 months Objections of examiner to be communicated to the applicant

15. Grant of Patent On compliance, applicant will be informed about the acceptance of claims Published in Gazette of Patent office Opposition by any member of public within 4 months of publication Applicant has all the rights and privileges of an inventor Controller of Patent Office shall seal the patent with the seal of Patent Office

16. Patent Infringement Manufacture, sale or import of patented invention without permission from patent owner Suit can be filed in District Court Relief includes: damages on account of loss of profit, seizure of infringing goods Civil offence NOT criminal

17. Abuse of patents Refusal to grant licence Imposing unreasonable terms on licences Restrictive conditions on use, sale, lease of patented article Meeting demand solely by importation and not by local manufacturing

18. Compulsory Licences Granted three years after the date of grant of patent Issued for the interest of public to avoid abuse of patents Patent holder imposes unreasonable terms or conditions on licence National emergency with respect to public health

19. Exclusive Marketing Rights (EMR) Prior to 1999 amendment to Patents Act, only process patent was available As signatory to TRIPS agreement, India was given time till 2004 for implementing full protection for product patent Till that time, EMR was granted for some products

20. TRIPS Trade Related Aspects of Intellectual Property Rights International Agreement by members of WTO Minimum standards that member countries have to provide strong IP protection in their domestic law

21. TRIPS Important challenge: high cost of essential medicines due to patent protection Before adoption of TRIPS, Indian drug industry was making low priced generics in market Patent protection may allow pharmaceutical companies to take advantage of their monopoly

22. TRIPS flexibilities Some room for countries to take measures to protect public health 2001 Doha Declaration and 2003 decision enables countries to import pharmaceuticals under compulsory licence

23. THANK YOU