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Indian patent laws final.pptx

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Indian Patent laws.pptx
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Indian patent laws final.pptx

  1. 1. THE INDIAN PATENT ACT o In India, the grant of patents is governed by the patent Act 1970 and rules 1972. o The patents granted under the act are operative in the whole of India. H I S T O R Y o The Patent law of 1856 o The Indian Patent and Designs Act, 1911. o The Patent Act,1970 and Rules 1972. o The Patent amendment act 2005
  2. 2. A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. What is a patent?
  3. 3. W H A T C A N B E P A T E N T E D ? To get a patent, the invention must meet four requirements: o The patent should cover a composition, production process, machine, tool, new plant species, or an upgrade to an existing invention. o The invention must be “useful”. o The invention must be "novel”. o The invention must be “non-obvious”. P U R P O S E O F G E T T I N G A P A T E N T … … … . o To enjoy the exclusive rights over the invention. o To patent is to ensure commercial returns to the inventor for the time and money spent in generating a new products
  4. 4. TYPES OF PATENTS o Three types of patents are granted under the provisions of the act, namely: 1. An ordinary patent 2. A patent of addition 3. A patent of convention o A second type of classification of patent is: 1. Product patent 2. Process patent S A F E G U A R D S I N T H E P A T E N T L A W o Compulsory license to ensure availability of drugs at reasonable price. o Provision to deal with public health emergency. o Revocation of patent in public interest and also on security considerations.
  5. 5. SALIEN T F EATU RES O F PATEN T LAW o Both Product and process patent provided. o Term of patent – 20 years. o Patent Examination on request. o Substantially reduced time-lines. o Both pre-grant and post-grant opposition. o Fast track mechanism for disposal of appeals. o New and not a part of Section 3 and 4,related to non-patentable subject matter.
  6. 6. S e c t i o n 3 i n T h e P a t e n t s A c t , 1 9 7 0 SECTION EXAMPLE Section 3a) Inventions contrary to well established natural laws. o A machine claiming 100% efficiency. o Perpetual machine. Section 3b) Inventions contrary to public order or morality. o Gambling device. o Device for house-breaking. o Device for counterfeiting of currency notes. Section 3d) Duplication of known properties of traditionally known components. o Usage of Turmeric as antiseptic i.e. for wound healing. o Neem being used for pesticidal or insecticidal activities.
  7. 7. NON PATENTABLE INVENTIONS o Inventions falling within section 20(1) of the atomic energy act, 1962 are not patentable. E.g.: Inventions related to components of uranium, beryllium, thorium, plutonium, radium, graphite, lithium, and more as notified by central government from time to time. DU RATIO N O F A PATEN T: o For process claiming the invention of a substance intended to be used as a food or medicine a duration of 5yrs from the date of sealing or 7yrs from the date of patent whichever is shorter. o In case of any other invention the duration is confined to 20 yrs. from the date of patent. o Patents have a particular expiration term.
  8. 8. P R E - G R A N T O P P O S I T I O N o Rule 55 of the Patent Rules, 2003 : Where the opponent can challenge a pending application prior to the grant of a patent. o The opposition is made any time before the grant of a patent but preferably within 6 months of publication of the application. P O S T - G R A N T O P P O S I T I O N o Where the opponent challenges the validity of a patent that has already been granted. o The opposition can be made within 1 year from the date of grant of patent. PATENT OPPOSITION There are 2 types of opposition: o Pre-grant Opposition. o Post-grant opposition.
  9. 9. GRANT OF A PATENT o A certificate of patent is issued within 7days. o Grant of patent is published in the official journal. RENEWAL FEE o No fee for the first 2 years o Renewal fee on yearly basis is required to be paid to keep the patent in force. o Patent is lapsed if the renewal fee is not paid.
  10. 10. RIGHT OF A PATENTEE o Right to exploit the patent. o Right to assign and license. o Right to surrender the patent. o Right before sealing. o Right to apply for the patent of addition. o Right in case of infringement. o Right to supply copies and certificates.

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