INTELLECTUAL PROPERTY RIGHTS AND INDIAN PATENT ACT

1. D E P A R T M E N T O F P H A R M A C E U T I C A L S C I E N C E S
M A H A R S H I D A Y A N A N D U N I V E R S I T Y
R O H T A K
Presented By…..
Mr. Tarif Hussian
M.Pharm. (DRA)
Guided By…..
Dr. Vikaas Budhwaar
Assistant Professor
of Pharmaceutics

2. Contents
Intellectual property
WIPO
INDIAN PATENT ACT
 Patents

3. Intellectual property
●Creation of human mind and intellect
● Idea or a concept or a thought at the beginning
● Research and Development to lead the idea or
thought to practice
● The outcome of these ideas may be development of
products, processes, works marks and design, etc.

4. Why IPR is important?
IPR is the body of law developed to protect the
creative people who have disclosed their invention for
the benefit of mankind. This protects their invention
from being copied or imitated without their consent.
● Reward original efforts
● Stimulate innovation and creativity
● Prevent duplication of work?
● Commercial value in research?
● Prevent exploitation of workers?
● Technical information for research & to prevent
litigation?

5. WIPO
The World Intellectual Property day observed on
April 26 th every year and was established by “
World Intellectual Property Organization (WIPO )”
which came into force from 1967.
The WIPO is a specialized agency of the United
Nations.
It promote the protection of IP throughout the
world.
Its headquarters are in Geneva, Switzerland

6. THE INDIAN PATENT ACT
● In India the grant of patents is governed by the patent Act 1970 and Rules
1972.
● The patents granted under the act are operative in the whole of India.
HISTORY
The Patent Law of 1856
The Patent and Designs Act, 1911 (The Rules, 2001
(as amended in 2008)
The Patents Act, 1970 and (Rules 1972)
The Trade Marks Act 1999 ( Rules 2002 )
The Geographical Indications of Goods (Registration &
Protection) Act, 1999 (Rules, 2002)
The Copyrights Act 1957 (amended in 1999)
The Patent amendment Act 2005

7. CONTROLLER GENERAL OF PATENTS, DESIGNS
AND TRADEMARKS
(CGPDTM)
CONTROLLER GENERAL OF PATENTS, DESIGNS
AND TRADEMARKS
(CGPDTM)
T M REGISTRY
DESIGN OFFICE
G.I. REGISTRY
Head Office
KOLKATA
Branch
DELHI
Branch
CHENNAI
Branch
MUMBAI
Head Office
MUMBAI
DELHI
KOLKATA
CHENNAI
A’BAD
IPTI ,NIIPM,
P.I.S. Nagpur
KOLKATA
PATENT OFFICE
CHENNAI

8. In order to be patentable , an invention must pass four tests;
1. The invention must fall into one of the five “statutory classes’:
Processes, Machines Manufactures Compositions of matter, and
New uses of any of the above
2. The invention must be “useful”
3. The invention must be “novel”
4 The invention must be “nonobvious”
What can not be patented?
● An invention which claims anything obvious contrary to well established
natural laws.
● An invention the intended use of which can be injurious to public
health.
● The mere discovery of a scientific principle or the formulation of an
abstract theory.
What can be patented?

9. Patent Law - Salient Features
●Both product and process patent provided
● Term of patent – 20 years
● Examination on request
● Both pre-grant and post-grant opposition
● Fast track mechanism for disposal of appeals
● Provision for protection of bio-diversity and traditional
knowledge
● Publication of applications after 18 months with facility for
early publication
● Substantially reduced time-lines

10. ● A patent can be made by any person whether a citizen of India
or not, claiming to be the true or first inventor of the invention or
by his “assignee” or legal representative.
● Application may be made alone or jointly with any other person.
● A company or firm cannot be named as the true inventor. The
term person includes the Government.
What is the term of patent?
In respect of a invention claiming process of manufacture of a
substance intended to be used as food or medicine ---- 5 yrs from
the date of sealing or 7 yrs from the date of patent whichever is
shorter.
In case of any other invention ---- 14 yrs from the date of patent.
Who can apply for a patent

11. ● The Government fee for filing a patent application
in India is Rs.750/- for individuals and Rs.3,000/-
for legal entities.
● No fee for 1st and 2nd year
● Renewal fee, on yearly basis, is required to be
paid for 3rd to 20th for keeping the patent in force.
● Patent lapses if renewal fee is not paid within the
prescribed period.
FEES OF FILING PATENT

12. A patent can expire in the following ways:
● The patent has lived its full term.
● The patentee has failed to pay the renewal fee.
● The validity of the patent has been successfully challenged
by an opponent by filing an opposition either with the
patent office or with the courts.
● As soon as the patent expires, it pass to the general
public domain and now anybody can use it without the
permission of the original inventor.
How does a patent get expire?

13. ● It encourages RESEARCH.
● Induces an inventor to disclose his inventions instead of keeping them as secret.
● Provides inducement for capital investment Encouraging technological
development.
● It encourages establishment of new industries.
Patent application A patent application is a request pending at a patent
office for the grant of a patent for the invention described and claimed by that
application.
Type of Patent application
● Standard application
● Provisional applications
● Continuation applications
● Divisional applications
What Does Patent System Do ?

14. ● Compulsory licenses to ensure availability of drugs at
reasonable prices
● Bolar Provision for early manufacture of generics
● Parallel, import to check prices.
● Provision to deal with public health emergency.
● Revocation of patent in public interest and also on
security considerations.
● Provisions to prevent grant of patents based on
frivolous or trivial inventions.
● Provisions to prevent misappropriation of Genetic
Resources and Traditional Knowledge.
Safeguards in the Patent Law

15. PATENT APPLICATION PROCESS FLOW CHART

16. Patent infringement is the unauthorized making, using, offering for
sale, selling of any patented invention within a jurisdiction, or
importing into the jurisdiction of any patented invention during the
term of a patent.
Three basic types of patent infringements:
● Direct patent infringement :-Anyone who makes, uses, or sells
the patented invention
● Indirect patent infringement :-A person actively encourages
another to make, use, or sell the invention
● Contributory patent infringement :- Knowingly, selling or
supplying an item for which the only use is in connection with a
patented invention
PATENT INFRINGEMENT AND TYPES