Indian patent act

1. INDIAN PATENT ACT & ITS
AMENDMENTS

2. What is a patent ?
■ A monopoly right to a person who has invented a new & useful article or it is an
improvement of an existing article or a new process of making an article
■ These rights are provided to produce & sell their ideas for a certain duration of time. To
encourage inventions by promoting their protection & utilization

3. What are patentable invention?
■ An invention to be patentable should be technical in nature & should meet the
following criteria –
Novel
Non obvious
Useful

4. What are Non patentable invention?
■ Discovery of any living things or non living substances occurring in nature
■ Method of playing games
■ A mathematical or business method or computer programme
■ Any process for medical, surgical, diagnostic, therapeutic or other treatment of
human beings
■ Any invention which causes serious harm to human, animals, plants or the
environment

5. History
■ The first patenting related act in India was passed in 1911 by British government
■ Later after independence the Patent bill was introduced before the Parliament in 1949
& 1965 but finally the bill was passed in the year 1970 & the act came in force on 20
April 1972
■ The Patent System in India is governed by the Patents Act ,1970 & Patents Act Rules
,2003
■ The patents act has been amended several times in 1974,1985,1999,2002 & 2006

6. 1970
Allows both product &
process
1999
India joined trips
Shifts from process to
product patent
2002
Inventor has to fill a
declaration of inventorship
2005
Allows Evergreening of
patent

7. Case study
■ Apple Inc. vs. Samsung Electronics CO. Ltd

8. ■ InApril 2011 apple filed a case against Samsung claiming that it has copied the iPhone
& iPad .
■ Apple claimed that Samsung has copied it design & 3 utility functions
■ Apple demanded 2.525 billion
■ Samsung paid a penalty of 290 million to apple