Business law Bangalore university

1. Chapter 3
The Patents Act 1970
Meaning:
A patent is a grant from the government which confers on the grantee, for a limited period of
time, the exclusive privilege of making, selling and using the invention for which a patent has
been granted and also of authorising others to do so. Patent is governed by the Patent Act
1970 and the Patent Rule 1972. A patent granted under the Act confers upon the patentee
where the patent is for an article or a substance, the exclusive right by himself, his agents or
licensing to make use, exercise sell or distribute such articles or substances in India and
where the patent is for a method of process of manufacturing an article of substances, the
exclusive right by himself. His agent or licensing to use or exercise the method or process in
India
Advantages of Obtaining Patents
1. The patentee would have the exclusive right to use his invention and it would make
no difference if the invention becomes well known to others from the date of the
patent.
2. The patentee would be able to bring a suit for infringement of a patent and pray for an
injunction, damages or an account of profits against a person who infringers his
patent.
3. The patentee , if he does not have the means or is not himself in a position to work
the invention patented commercially he would be able to sell his patent and grant
licenses to other parties Exploit the patent and there by earn money.
4. The holder of an exclusive licence would have the rights of PATENTEE AND
WOULD ALSO BE ABLE TO ENFORCE SUCH RIGHTS BY TAKING
PROCEEDINGS AGAINST THE INFRINGEMENT OF PATENT.
Definition
1. Assignee the legal representative of a deceased assignee and reference to the assignee
of any person include reference to the assignee of any person include reference to the
assignee of the legal representative or assignee of that person
2. Controller means the controller general of patents, designs and trade marks referred
3. Convention application means an application for a patent made by virtue
4. Convention Country: means a country or a country which is member group of
countries or an inter government organization
5. Patent Agent means a person for the time being registered under the act as a agent
6. Patented Article means respectively an article or process in respect of which a patent
is enforced
Meaning of Invention
Patent is granted to invention. An invention must have novelty and utility if it were to be
patented. An invention, therefore is
a. An art, process method or manner of manufacture
b. Machinery, or other articles
c. New and useful improvement of any of them.

2. Steps in grant of patent
1. Persons
Subject to the provision contained in Sec 134, an application for a patent may be made by any
of the following persons:
a. By any person claiming to be true and first inventor of the invention
b. By any person being assignee of the person claiming to be true and first inventor in
respect of the right to make such application
c. By legal representative of any deceased person
2. Company of Firm
An company can apply for patent but only as an assignee of the inventor. This is
because such bodies cannot invent anything.
3. Government Servant
They have liberty to apply for patent direct to the patent office, subject to any special
condition of services or special order. But Defence personal should not apply for
patent except in the manner laid down in the special regulation applicable to them
Procedure for obtaining patent:
1. Filling an application for the grant of a patent at appropriate office
2. Examination of application
3. Acceptance of applications and advertisement of such acceptance in the official
gazette.
4. Overcoming opposition if any to the granted patent.
5. Sealing / granting of patent.
Requirement for filling
1. Write up of specification and drawing
2. Application in triplicate (3 copy)
3. An authorisation
4. Assignment wherever applicable
5. Completed details of the registered institution as per company law
6. Complete details of the inventor
7. Instruction as to the application should be filled.
Grounds for opposition
1. That the invention had been wrongly obtained from opponent.
2. That the invention claimed had been published prior to the due date of fillinf
anywhere in the world
3. Patent application similar to the one claimed had already been filed prior to the
opposed patent
4. There was prior public knowledge or prior public use in India of the invention
claimed
5. Patent is lacking any inventive step and is of an obvious nature
6. The subject is not an invention and is not patentable under the Act
7. The complete specification does not sufficiently and clearly described the invention or
the method by which it is to be performed

3. 8. Application has failed the disclose all the information required by the Act or has
furnished any information that was false to his knowledge
9. The application is not entitled to the invention claimed.
Surrender of patent
1. Notice to the controller
2. Notice of offer to surrender to be advertised
3. Opposition to the surrender
4. Acceptance or surrender
Questions
1. Who can apply for registration of a patent
2. State the meaning of patent right
3. What is an intellectual property?
4. State the advantage for obtaining a patent?
5. What is “invention” according to the Patent Ac t
6. What is patent right
Section B
1. WHEN DOES A PATENT LAPSE? HOW CAN IT BE RESTROED
2. State how a lapsed patent can be restored
3. Give grounds for opposition to the grant of patent right
4. What are patent right. What are the grounds for the opposition of grant of patent right
5. What is patent right? When does it lapses?
6. Write a note on revocation of patent
Section c
1. Why do the patent lapses and how they are restored
2. What is revocation of patent right. What are the circumstances when a patent can be
revoked in public interest and by the High Court