legal concept which refers to creations of the
mind for which exclusive rights are recognized.
owners are granted certain exclusive rights to a
variety of intangible assets
Ex. musical, literary, and artistic works;
discoveries and inventions; and words, phrases,
symbols, and designs
Granted as an
right by the
The first legislation in india relating to patents was the
Act of VI of 1856.
“ to encourage inventions of new and
useful manufactures and to induce inventors to
disclose secret of their inventions ”
Basic philosophy of the act
“patents are granted to encourage inventions and to
ensure that these inventions are worked on commercial
scale without undue delay ”
Has been defined under the patents Act 1970
invention is defined as
“ 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 filling of
patent application with complete application ”
TRIPS agreement provides for a minimum term of
protection of 20 years counted from the date of filling.
A comprehensive review of the Patents Act, 1970 was
also madeand bill to amend the Patents Act, 1970 was
introduced in Parliament on 20th December, 1999 and
notified on 25-6-2002 to make the Patents law TRIPS
Method or manner of manufacture
Substances produced by manufacture
Discovery of scientific principle or formulation of
an abstract theory.
Method of agriculture or horticulture.
Any process for medical, surgical, curative or other
treatment of human beings.
Inventions relating to atomic energy
Five years from the date of sealing of the
Patent or seven years from the date of
Patent, whichever period is shorter.
Twenty years from the date of Patent in
respect of any other patentable invention.
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