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Patent:
Patent word from Latin: patere-
“to lay open”
(to make it available for public inspection)
Patent is a grant fro...
• A patent is a monopoly right to a person who
has invented a new and useful article or it is
an improvement of an existin...
• A patent is not granted for an idea or
principle as such, but it is granted for some
article or the process of making th...
 Prevention against
leaking of the invention
through workmen of
inventor.
 Prevent secret
exploitation of invention
by t...
7
Why patent is necessary ?
To encourage
research and
development
Induces an
inventor to
disclose his
invention
Stimulate ca...
NEED OF PATENT
COPY
Patent Grant ProcedurePatent Grant Procedure
Filing of patent application
Publication after 18
months
Pre Grant Opposition...
1856 Protection of invention
1911 Indian patents & designs act
1972 Patents act (act 39 of 1970)
– only process patents | ...
The Indian Patent Act, 1970
The Indian legislation which control the patents system
In India the grant of patents is gover...
Chapters
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
 This Act may be called the Patents Act, 1970.
 It extends t...
Definitions and interpretation.
 Assignee includes the legal representative of a
deceased inventor.
 Invention means any...
Patentee means the person for the time being entered on
the register as the grantee or proprietor of the patent
True And...
Invention
or
Discovery
just a theory,
or based on
known theory,
arrangement or
rearrangement
in a known
way
based on
tradi...
A method for
Agricultur
e
Horticulture
Human
health
related
Contd…..
CHAPTER III
APPLICATIONS FOR PATENTS
Contd...
Form of application
Provisional and complete specifications
complete specifications within 12 months (3 months
relaxation...
CHAPTER IV
EXAMINATION OF APPLICATIONS
Examination of application :
after submission of complete specifications.
Search f...
Power of Controller
 to refuse or require amended applications in certain
cases
to make orders respecting division of ap...
Time for putting application in order for acceptance
An application for a patent shall be deemed to have been
abandoned u...
CHAPTER IVA
EXCLUSIVE MARKETING RIGHTS
Application for grant of exclusive rights:
To sell or distribute article or substa...
CHAPTER V
OPPOSITION TO GRANT OF PATENT
Opposition to grant of patent:
four months from date of advertisement of acceptan...
CHAPTER VI
ANTICIPATION
previous publication
previous communication to Government
public display, etc.
public working
...
CHAPTER VII
PROVISIONS FOR SECRECY OF CERTAIN
INVENTIONS
To inventions relevant for defence purposes
Secrecy directions to...
CHAPTER VIII
GRANT AND SEALING OF PATENTS AND
RIGHTS CONFERRED THEREBY
Grant and sealing of patent:
the application has b...
Date of patent
every patent shall be dated as of the date on which the
complete specification was filed
Form, extent and ...
Grant of patents to be subject to certain conditions
any machine, apparatus or other article, process, medicine
& drug.
R...
CHAPTER IX
PATENTS OF ADDITION
Patents of addition
 any improvement in or modification of an invention
which is not prese...
CHAPTER X
AMENDMENT OF APPLICATIONS AND
SPECIFICATIONS
Amendment of application and specification before
Controller:
 Eve...
CHAPTER XI
RESTORATION OF LAPSED PATENTS
Applications for restoration of lapsed patents
The patentee or his legal represe...
CHAPTER XII
SURRENDER AND REVOCATION OF PATENTS
Surrender of patents
 A patentee may, at any time by giving notice in the...
CHAPTER XIII
REGISTER OF PATENTS
Register of patents and particulars to be entered
therein
the names and addresses of gra...
Register to be open for inspection
the register shall at all convenient times be open to
inspection by the public; and ce...
CHAPTER XIV
PATENT OFFICE AND ITS ESTABLISHMENT
Patent office and its branches : kolkata(H.O)
Branches: Delhi, Mumbai,Che...
CHAPTER XV
POWERS OF CONTROLLER GENERALLY
Controller have certain powers of a civil court
 Examining patentee.
 Awarding...
WORKING OF PATENTS, COMPULSORY LICENCES,
LICENCES OF RIGHT AND REVOCATION
Definitions of "patented articles" and "patentee...
Compulsory licences
At any time after the expiration of three years from the
date of the sealing of a patent, any person ...
General purposes for granting compulsory licences
the patented inventions are worked on a commercial
scale in India witho...
Matters to be taken into account in granting
compulsory licences
the nature of the invention, the time which has elapsed
...
Endorsement of patent with the words "Licences of
right“
At any time after the expiration of three years from the
date of...
USE OF INVENTIONS FOR PURPOSES OF
GOVERNMENT AND ACQUISITION OF
INVENTIONS BY CENTRAL GOVERNMENT
Meaning of use of inventi...
Power of Central Government to use
inventions for
purposes of Government
Where an invention has, before the priority date...
Acquisition of inventions and patents by the
Central Government
The Central Government may, if satisfied that it is
neces...
SUITS CONCERNING INFRINGEMENT OF PATENTS
Power of court to make declaration as to non-infringement
 any person may instit...
APPEALS
Every appeal under this section shall be in writing and
shall be made within three months from the date of the
de...
Chapter XX- OFFENCES AND PENALTIES
OFFENCES PENALTIES
Contravention of secrecy provisions
relating to certain inventions
i...
CHAPTER XXI: PATENT AGENTS
Register of patent agents
The Controller shall maintain a register .
 Contains names and addr...
Restrictions on practice as patent agents
If he is not registered.
No company or other body corporate shall practise,
de...
Removal from register of patent agents and restoration
 by error
on account of misrepresentation or suppression of mater...
Power of Controller to refuse to deal with
certain agents
any individual whose name has been removed from, and not
restor...
CHAPTER XXII
Budapest Treaty 2001
World Intellectual Property
Organization (WIPO)
Paris Convention 1998
World Trade
Organi...
CHAPTER XXIII
MISCELLANEOUS
Avoidance of certain restrictive conditions
Fees
Restrictions upon publication of specifica...
 Transmission of copies of specifications, etc., and
inspection thereof.
 Information relating to patents
 Loss or dest...
Amendment
s
An overview of amendments
(2005)
Product Patent
New use of existing pharma product
Patentability of software
EMRs elim...
Pharmaceutical substances
Fast track granting introduced
Indian filing compulsory
Time period of request for examinati...
Indian Patent act 1970
Indian Patent act 1970
Indian Patent act 1970
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Indian Patent act 1970

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Transcript of "Indian Patent act 1970"

  1. 1. Patent: Patent word from Latin: patere- “to lay open” (to make it available for public inspection) Patent is a grant from the government A guarantee for a limited period of time The required privilege for Making Selling Using the invention
  2. 2. • A patent is a monopoly right to a person who has invented a new and useful article or it is an improvement of an existing article or a new process of making an article. 4
  3. 3. • A patent is not granted for an idea or principle as such, but it is granted for some article or the process of making the same article. • The term of every patent is 20 years and it maintain by paying the renewal fees at every succeeding year. • 5
  4. 4.  Prevention against leaking of the invention through workmen of inventor.  Prevent secret exploitation of invention by the competitor.  On obtaining patent the patentee can lawfully enforce against infringers. 6
  5. 5. 7
  6. 6. Why patent is necessary ? To encourage research and development Induces an inventor to disclose his invention Stimulate capital investment affects economy Encourages technology development Encourages establishment of new industries
  7. 7. NEED OF PATENT COPY
  8. 8. Patent Grant ProcedurePatent Grant Procedure Filing of patent application Publication after 18 months Pre Grant Opposition / Representation by any person. Request for examination Examination: Grant or Refusal Publication of Grant of patent Post Grant Opposition to grant of patent (Constitution of Opposition Board) Early Publication Decision By Controller
  9. 9. 1856 Protection of invention 1911 Indian patents & designs act 1972 Patents act (act 39 of 1970) – only process patents | 14 year, 5 year (food/drug) 1975 India joins WIPO 1999 India signs TRIPS (after joining WTO) 1999, 2002, 2004, 2005 Amendments -Product patents | 20 years patent period Journey of Indian Patent System
  10. 10. The Indian Patent Act, 1970 The Indian legislation which control the patents system In India the grant of patents is governed by the patent act 1970 and rules 1972 which is operative in the whole of India
  11. 11. Chapters
  12. 12. CHAPTER I PRELIMINARY Short title, extent and commencement.  This Act may be called the Patents Act, 1970.  It extends to the whole of India.  It shall come into force on such date as the Central Government may, by notification in the Official Gazette Contd...
  13. 13. Definitions and interpretation.  Assignee includes the legal representative of a deceased inventor.  Invention means any new and useful- (i) art, process, method or manner of manufacture (ii) machine, apparatus or other article (iii) substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention  Legal Representative means a person who in law represents the estate of a deceased person Contd...
  14. 14. Patentee means the person for the time being entered on the register as the grantee or proprietor of the patent True And First Inventor does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India
  15. 15. Invention or Discovery just a theory, or based on known theory, arrangement or rearrangement in a known way based on traditional knowledge related to atomic energy injurious to public health contrary to natural laws CHAPTER II: INVENTIONS NOT PATENTABLE
  16. 16. A method for Agricultur e Horticulture Human health related Contd…..
  17. 17. CHAPTER III APPLICATIONS FOR PATENTS Contd...
  18. 18. Form of application Provisional and complete specifications complete specifications within 12 months (3 months relaxation after the permission of controller but have to pay a prescribed fee). Contents of specifications Provisional : Title & idea of invention Complete : title, abstract, full description, its utility, scope, diagram, etc. Priority dates of claims first to file (in India) first to document (in USA)
  19. 19. CHAPTER IV EXAMINATION OF APPLICATIONS Examination of application : after submission of complete specifications. Search for anticipation by previous publication and by prior claim : It is the duty of examiner to check applications Consideration of report of Examiner by Controller: Controller analyse it and make gist of objection, send to applicant & provide prescribed time to him to eradicate these objections. Contd...
  20. 20. Power of Controller  to refuse or require amended applications in certain cases to make orders respecting division of application to make orders respecting dating of application in cases of anticipation in case of potential infringement to make orders regarding substitution of applicants, etc. Contd...
  21. 21. Time for putting application in order for acceptance An application for a patent shall be deemed to have been abandoned unless within fifteen months from the date on which the first statement of objections to the applicant by the Controller. Acceptance of complete specification:  within 12 months from the date of filing of provisional application Advertisement of acceptance of complete specification
  22. 22. CHAPTER IVA EXCLUSIVE MARKETING RIGHTS Application for grant of exclusive rights: To sell or distribute article or substance in India (made in prescribed form and on payment of fees).
  23. 23. CHAPTER V OPPOSITION TO GRANT OF PATENT Opposition to grant of patent: four months from date of advertisement of acceptance of complete specification (1 month may exceed) In cases of "obtaining" Controller may treat application as application of opponent Refusal of patent without opposition :  its all depends on controller. Mention of inventor as such in patent
  24. 24. CHAPTER VI ANTICIPATION previous publication previous communication to Government public display, etc. public working use and publication after provisional specification
  25. 25. CHAPTER VII PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS To inventions relevant for defence purposes Secrecy directions to be periodically reviewed: within 9 months (extend period of 3 months) by central govt. Consequences of secrecy directions : central govt. provide him reward/payment
  26. 26. CHAPTER VIII GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY Grant and sealing of patent: the application has been opposed and the opposition has been finally decided in favour of the applicant Amendment of patent granted to deceased applicant the Controller is satisfied that the person to whom the patent was granted had died before the patent was sealed, the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted. Contd...
  27. 27. Date of patent every patent shall be dated as of the date on which the complete specification was filed Form, extent and effect of patent Every patent shall be in the prescribed form and shall have effect throughout India. A patent shall be granted for one invention only: Contd...
  28. 28. Grant of patents to be subject to certain conditions any machine, apparatus or other article, process, medicine & drug. Rights of patentee to make, use, exercise, sell or distribute the invention Rights of co-owners of patents Where a patent is granted to two or more persons, each of those persons shall be entitled to an equal undivided share in the patent. use, exercise and sell the patented invention for his own benefit without accounting to the other person or persons. Term of patent 5 years- for food, drugs & medicine. 14 yrs – for all other inventions (methods &/or processes)
  29. 29. CHAPTER IX PATENTS OF ADDITION Patents of addition  any improvement in or modification of an invention which is not present in complete specification Terms of patents of addition- equal to the term of patents for the main invention.
  30. 30. CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS Amendment of application and specification before Controller:  Every application for leave to amend an application for a patent or a specification under this section made after the acceptance of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed manner. Amendment of specification before High Court  Where an application for an order under this section is made to the High Court, the applicant shall give notice of the application to the Controller and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the High Court.
  31. 31. CHAPTER XI RESTORATION OF LAPSED PATENTS Applications for restoration of lapsed patents The patentee or his legal representative, and where the patent was held by two or more persons jointly, then with the leave of the Controller, one or more of them without joining the others, may, within one year from the date on which the patent ceased to have effect, make an application for the restoration of the patent. Rights of patentees of lapsed patents which have been restored. Same right as given to original patentee.
  32. 32. CHAPTER XII SURRENDER AND REVOCATION OF PATENTS Surrender of patents  A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent. Revocation of patents in public interest Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.
  33. 33. CHAPTER XIII REGISTER OF PATENTS Register of patents and particulars to be entered therein the names and addresses of grantees of patents; notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, and revocations of patents;  Assignments, etc., not to be valid unless in writing and registered Person or persons registered as grantee or proprietor of patent Register shall be the prim face evidence of any matter required or authorized by or under this act. Contd...
  34. 34. Register to be open for inspection the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee.
  35. 35. CHAPTER XIV PATENT OFFICE AND ITS ESTABLISHMENT Patent office and its branches : kolkata(H.O) Branches: Delhi, Mumbai,Chennai. Restriction on employees of patent office as to right or interest in patents All officers and employees of the patent office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly any right or interest in any patent issued by that office.
  36. 36. CHAPTER XV POWERS OF CONTROLLER GENERALLY Controller have certain powers of a civil court  Examining patentee.  Awarding cost  Issuing commission for examination of witness of document  Requiring the discovery and production of any document  To correct clerical error in a patent or application of patent or other specification  Give final decision if there is any opposition on a specification filed, then heard both of one and decide the case.  Give extension of time in different provisions.
  37. 37. WORKING OF PATENTS, COMPULSORY LICENCES, LICENCES OF RIGHT AND REVOCATION Definitions of "patented articles" and "patentee”.  "patented article" and "patented process" mean respectively an article or process in respect of which a patent is in force General principles applicable to working of patented inventions To encourage inventions. Have commercial utility in India. CHAPTER XVI Contd…
  38. 38. Compulsory licences At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller alleging at the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price and praying for the grant of a compulsory licence to work the patented invention. Contd…
  39. 39. General purposes for granting compulsory licences the patented inventions are worked on a commercial scale in India without undue delay and to the fullest extent that is reasonably practicable. the interests of any persons for the time being working or developing an invention in India under the protection of a patent are not unfairly prejudiced. Terms and conditions of compulsory licences the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent. the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him.  the patented articles are made available to the public at reasonable prices. Contd…
  40. 40. Matters to be taken into account in granting compulsory licences the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention. the ability of the applicant to work the invention to the public advantage. Contd...
  41. 41. Endorsement of patent with the words "Licences of right“ At any time after the expiration of three years from the date of the sealing of a patent, the Central Government may make an application to the Controller for an order that the patent may be endorsed with the words "licences of right" on the ground that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price. Contd…
  42. 42. USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT Meaning of use of invention for purposes of Government an invention is said to be used for the purposes of government if it is made, used, exercised or vended for the purposes of the Central Government, a State Government or a government undertaking. CHAPTER XVII Contd…
  43. 43. Power of Central Government to use inventions for purposes of Government Where an invention has, before the priority date of the relevant claim of the complete specification, otherwise than in consequence of the communication of the invention directly or indirectly, by the patentee or by a person from whom he derives title, any use of the invention by the Central Government or any person authorised in writing by it for the purposes of government may be made free of any royalty or other remuneration to the patentee. Contd…
  44. 44. Acquisition of inventions and patents by the Central Government The Central Government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish a notification to that effect in the Official Gazette, and thereupon the invention or patent and all rights in respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the Central Government.
  45. 45. SUITS CONCERNING INFRINGEMENT OF PATENTS Power of court to make declaration as to non-infringement  any person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent. Power of court to grant relief in cases of groundless threats of infringement proceedings  Where any person threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him CHAPTER XVIII
  46. 46. APPEALS Every appeal under this section shall be in writing and shall be made within three months from the date of the decision.  Procedure for hearing of appeals  Every such appeal shall be heard by a single judge of the High Court. Every such appeal shall be heard as expeditiously as possible and endeavour shall be made to decide the appeal within a period of twelve months from the date on which it is filed. CHAPTER XIX
  47. 47. Chapter XX- OFFENCES AND PENALTIES OFFENCES PENALTIES Contravention of secrecy provisions relating to certain inventions imprisonment for a term which may extend to two years, or with fine, or with both. Falsification of entries in register, etc. ----- do ----- Unauthorised claim of patent rights punishable with fine which may extend to five hundred rupees. Wrongful use of words, "patent office" imprisonment for a term which may extend to six months, or with fine, or with both. Refusal or failure to supply information ----- do ----- Practice by non-registered patent agents fine which may extend to Rs.500 in the case of a first offence and Rs.2000 in the case of subsequent offence. Offences by companies If the person committing an offence under this Act is a company offence shall
  48. 48. CHAPTER XXI: PATENT AGENTS Register of patent agents The Controller shall maintain a register .  Contains names and addresses of all persons . Qualifications for registration as patent agents Citizen of India; He has completed the age of 21 years;  Has a degree from any Indian university or equivalent.  Is an advocate within the meaning of the advocates act, 1961.  Has passed the qualifying examination prescribed for the purpose;. Contd..
  49. 49. Restrictions on practice as patent agents If he is not registered. No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out Contd..
  50. 50. Removal from register of patent agents and restoration  by error on account of misrepresentation or suppression of material fact  that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct . The Central Govt. may, on application and on sufficient cause being shown, restore to the register the name of any person removed there from.
  51. 51. Power of Controller to refuse to deal with certain agents any individual whose name has been removed from, and not restored to, the register.  any person who has been convicted of an offence .  any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India .
  52. 52. CHAPTER XXII Budapest Treaty 2001 World Intellectual Property Organization (WIPO) Paris Convention 1998 World Trade Organization (WTO) 1995 Patent Cooperation Treaty (PCT) 1998 INTERNATIONAL ARRANGEMENTS
  53. 53. CHAPTER XXIII MISCELLANEOUS Avoidance of certain restrictive conditions Fees Restrictions upon publication of specifications Reports of Examiners to be confidential Publication of patented inventions Power of Controller to call for information from patentees Evidence of entries, documents, etc. Service of notices, etc., by post Security for costs Contd..
  54. 54.  Transmission of copies of specifications, etc., and inspection thereof.  Information relating to patents  Loss or destruction of patents  Reports of Controller to be placed before parliament  Power of High Courts to make rules Power of Central Government to make rules
  55. 55. Amendment s
  56. 56. An overview of amendments (2005) Product Patent New use of existing pharma product Patentability of software EMRs eliminated Oppositions Compulsory licensing Infringements Mail-box application Contd..
  57. 57. Pharmaceutical substances Fast track granting introduced Indian filing compulsory Time period of request for examination reduced Time period for examination and grant reduced Revision of fees
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