The Patents Act 1970 Notes For College .pptx

The Patents Act, 1970 Notes

1. TOPIC :- PATENT HISTORY OF PATENT CO-OPERATION TREATY

2. History of Patent First Patent Statute in the world ‘The Venetian patent Statute of March 19,1474, established in the republic of Venice’. In India first act in 1911 by British government 1970- Indian Act passed,1972- Patent rules ( both process patent and product patent are given) (process patent mainly given in food and pharmaceutical industry) 1955- India joined WTO, TRIPS 2005- THE PATENT AMENDMENT ACT

3. What is a patent? A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

4. What kind of protection does patent offer? In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent.

5. 4 types of patents Utility Patents : protect new and useful inventions, such as machines, processes, r compositions of matter. Design Patents : protect the ornamental design of a functional item. Plant Patent : protect asexually reproduced plants that are new varieties. Provisional Patents : provide a means to establish an early priority date without the need for filing a formal patent application.

6. . How long does a patent last? Is a patent valid in every country? The protection is granted for a limited period , generally 20 years from the filing date of the application. Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

7. PARIS CONVENTION, 1883 The very first convention took was ‘PARIS Convention’ 1883. USA bought patent for the first time in 1883. In India it came in 1911. PARIS Convention has basic 3 things: 1. National Treatment- have to introduce the act in their nation. 2. Right of Priority- has priority everywhere. 3. Independence of Patent- if one country gives or rights the patent that doesn’t mean all countries will do the same.

8. PATENT CO-OPERATION TREATY, 1970 This treaty was signed in Washington, US. Mainly talks about international co-operation in patent. Complementary treaty to Paris convention and only the members of Paris convention. All powers still reside with the country only. It is a territorial right.

9. Patent co-operation treaty :- PCT established an international system filling in a single patent office called receiving office. With a single application that is International application in one language which will have effect in all the countries parties to PCT. International Preliminary Examination which gives the patent office in the country a report containing opinion about the patentability of the application.