The Patent Act, 1970

This presentation brings a light on the patent act 1970.

1. GUIDED BY- Shri . O. N. VERMA (ASSIS. PROFESSOR OF PLANT BREEDING AND GENETICS ) PRESENTED BY- JANHAVI MAURYA (B.Sc. Ag. 3 rd yr 1 st sem.) S. K. COLLEGE OF AGRICULTURE OF RESEARCH STATION KAWARDHA ( KABIRDHAM) C.G .

2. CONTENT WHAT IS PATENT? NEED OF PATENT TYPES OF PATENT PATENT LAW 1970 PATENT LAW SAILENT FEATURES PATENT RIGHTS FILING OF RIGHTS CRIETRIA OF PATENTABILITY OF AN INVENTIONS WHO CAN FILE OF PATENT? TERMS OF PATENT PATENT PROCEDURES PATENT SPECIFICATIONS PATENT CLAIMS OPPOSITIONAL PRECEEDINGS REVOCATION OF PATENTS CONCLUSION

3. The Patents Act 1970, along with the Patents Rules 1972, came into force on 20 th  April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar . THE PATENT ACT 1970

4. Patent Rights: The Act provides for patent protection for inventions relating to both processes and products. In case of patents relating to product, the grant provides exclusive right to prevent unauthorized persons from making, using, offering for sale, selling or importing the product in India. In case of patents relating to process, the patentee receives an exclusive right to prevent unauthorized persons from using the process and offering for sale, selling or importing for those purposes the product obtained directly from the process in India. Product produced by the process is also protected .

5. Filing of Patent The jurisdiction for filing the patent application depends upon: Indian applicant(s): determined according to place of residence, place of business of the applicant or where the invention actually originated. Foreign applicant(s): determined by the address for service in India.

6. Criteria for patentability of an invention: The criteria for patentability of an invention are: novelty, inventive step and industrial applicability. Section 2(1)(j) of the Patent Act, 2005, defines the   "invention"  as a new product or as process involving an inventive step and capable of industrial application. Under the Act "New invention" is defined under section 2(1)(l) of the Patents Act "New invention" means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.

7. NOVELTY- The quality of being new and different is called novelty NOVELTY RULE- An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application.

8. Exceptions To The Novelty Rule: There are a few exceptions where the rule of novelty is not applicable. These cases are as follows: Subject matter published without the consent of the inventor. The invention was published in consequence of the display in an exhibition notified by the Government or reading the paper before a Learned Society. Grace period of 12 months is given in such cases to file the patent application. Previous communication to Government of India. Public working for reasonable trials.

9. "Inventive Step" "Inventive Step" is defined under Section 2 (1) ( ja ) of the "Act". Prior to the Amendment of 2005, inventive step meant a feature that makes the invention not obvious to a person skilled in the art. The new Act of 2005 defined inventive step more precisely.

10. I ndustrial applicability. The landmark decision of Calcutta High Court on the process of production of Bursitis virus containing vaccine ( Dimminaco AG vs Controller of Patents, 2002 ) changed the practice and now the definition of invention is interpreted keeping in mind the term ‘industrial application’ as under section 2(1)(j). The Act defines ‘capable of industrial application’ in relation to an invention as capable of being made or used in an industry. An invention is capable of industrial application if it satisfies the three conditions cumulatively: can be made; can be used in at least one field of activity; can be reproduced with the same characteristics as many as necessary.

11. Who Can File A Patent Application? An application for a patent for an invention can be made by any of the following persons either alone or jointly with another: true and first inventor his /her legal assignee legal representative of deceased inventor or assignee

12. Term Of Patent: The term of every patent granted under the Act is twenty years from the date of filing. 5 yrs duration- for food, drugs 14yrs duration- for other products and processes Renewal fee is required to be paid annually to keep the patent in force. Restoration of patents is possible if applied within 18 months from the date of lapse.

13. Patent Procedure:

14. PATENT SPECIFICATION Contents of specifications.— 1) Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates. (2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly. (3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification. (4) Every complete specification shall— (a) fully and particularly describe the invention and its operation or use and the method

15. by which it is to be performed; (b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and (c) end with a claim or claims defining the scope of the invention for which protection is claimed; (d) be accompanied by an abstract to provide technical information on the invention.

16. PATENT CLAIMS Priority dates of claims of a complete specification.— 1) There shall be a priority date for each claim of a complete specification. (2) Where a complete specification is filed in pursuance of a single application accompanied by— (a) a provisional specification; or (b) a specification which is treated by virtue of a direction under supervision. (3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications

17. Opposition Proceedings: The Indian Patent system provides for two opposition proceedings, one before the grant of the patent and one after the grant of the patent. The grounds for Pre and Post Grant Opposition are the same namely: wrongful obtaining, prior publication, prior claiming, prior public knowledge and use, obviousness, not an invention, insufficiency, failure to file the information regarding foreign filing under Section 8 convention application not made within 12 months, not disclosing or wrongly mentioning the source and geographical origin of biological material in the complete specification, complete specification was anticipated having regard to the knowledge, oral or otherwise available within any local or indigenous community in India or elsewhere (traditional knowledge ).

18. Pre-grant Opposition Procedure: The pre grant representation may be filed by any person within six months of date of publication of the application or before the grant of the patent whichever is later. It may be noted that the Controller is empowered to grant the patent soon after six months from date of publication. The pre-grant opposition proceeding may be carried out in parallel with the Examination proceeding. The opponent is required to submit statement and evidence, if any, in support of the representation and request for a hearing if he so desires. However, the representation is not considered by the Controller unless a request for examination is filed by the applicant. On receipt of the request for examination from the applicant, the Controller initiates Examination proceeding and also issues a notice to the applicant along with the copy of the statement and evidence filed by the opponent. The applicant may file his statement and evidence in support of his application within three months from the date of the notice. Thereafter, after the Controller has considered the submission and the representations made, the the patent is either granted or rejected. The acceptance may be with or without amendment to the specification. The decision is issued ordinarily within one month from the date of the completion of the proceedings. It may be noted that no fee is required to be paid for entering into pre-grant opposition. An appeal can be filed in the appellate board against such decision.

19. Post-grant Opposition Procedure: The process of post grant opposition initiates with a notice of opposition filed by the opponent (who is an ‘interested person’) within 1 year from the date of publication of grant along with full written statement and evidence to the Controller. The patentee is required to file a reply statement and evidence within Two months failing which, the application will be abandoned. This time period is extendible by one month provided the request for extension is filed within the two-month period. Reply evidence filed by opponents is to be strictly confined to patentee’s evidence. Further evidence may however be filed with the leave of the Controller. All the documents are handed over to the Opposition Board constituted by the Controller for recommendation. Controller takes decision after a hearing along with the members of the Opposition Board. An appeal may be made against the decision before the Appellate Board within three month from date of the order.

20. Revocation of patents 1) Subject to the provisions contained in this Act, a patent, whether granted before or after the commencement of this Act, may, be revoked on a petition of any person interested or of the Central Government by the Appellate Board or on a counter-claim in a suit for infringement of the patent by the High Court on any of the following grounds, that is to say— (a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India; (b) that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefore: (c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims; (d) that the subject of any claim of the complete specification is not an invention within the meaning of this Act; (e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the

21. I nfringement Powers of Controller in case of potential infringement.—( If, in consequence of the investigations required under this Act, it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicant's complete specification by way of notice to the public, unless within such time as may be prescribed— (a) the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or (b) the complete specification is amended to the satisfaction of the Controller. Where, after a reference to another patent has been inserted in a complete specification in pursuance of a direction under sub-section (1)— (a) that other patent is revoked or otherwise ceases to be in force; or (b) the specification of that other patent is amended by the deletion of the relevant claim; or (c) it is found, in proceedings before the court or the Controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant's invention, the Controller may, on the application of the applicant, delete the reference to that other patent.

22. Conclusion: India has always acknowledged the importance of a strong patent system for the development of industry and commerce, which is evident for the amendments done to bring India at par with the modern world. With the promulgation of the product patent regime in India, most of the countries are now looking for business opportunities. There has been a considerable rise in the patent filing. Innovators and inventors from all fields of technology are keen on protecting their intellectual property .

23. THANK YOU BE CREATIVE, BE PRODUCTIVE

24. Question? Where is head patent office? How many branches are there? How many chapters and section are included in this act 1970?

25. answers Head office- Kolkata Branches- 3, namely, Delhi, Mumbai, Chennai Include- 23 chapters and 162 sections

26. ANY QUERIES?