What Are We Going To Discuss ? What Is Patent ?? How It Came Into Existence ?? Different Laws Governing It Their Flaws And Errors And Some Cases And Issues Involving Patent
The Word Patent Is Derived From Latin Word “ Patere” Meaning ‘To Lay Open’A Patent Is A Form Of Intellectual Property**. It Consists Of A Set Of Exclusive RightsGranted By A Sovereign State To An Inventor Or Their Assignee For A Limited Period OfTime In Exchange For The Public Disclosure Of An Invention. What Sort Of Things Can Be Patented ?? What Is The Need For Patent ??
The Florentint Architect Filippo Received A Three-Year Patent For A Barge WithHoisting Gear, That Carried Marble Along The Arno River In 1421.
History of Indian Patent System (Before Independence) 1856 - THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS. 1859-THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION). 1872 - THE PATENTS & DESIGNS PROTECTION ACT. 1883 - THE PROTECTION OF INVENTIONS ACT. 1888 - CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT. 1911 - THE INDIAN PATENTS & DESIGNS ACT.
. . AFTER INDEPENCE 1972 - THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972. 1999 - ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995. 2002 - THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003 2005 - THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
Things That Can Be Patentable Patent Can Be Given To Any Invention Which May Be Related To Any Process An Invention Means A New Product Or Process Involving An Inventive Step And Capable Of Industrial Application (Defined Under Patents Act Sec 2.1 J ) As Per Sec .1 (ac) The Criteria For An Invention To Be Patentable Are An Invention Has To Be Novel Has An Inventive Step It Should Be Capable Of Industrial Application
Non Patentable !! Under Section 3 Of Patent Acto 3(a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws. (Indian vacuum brake co. ltd vs. Laurd (AUR 1962 CAK 152).o 3(b) An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment.o 3(c) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature.o 3(d) The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.o 3(e) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.o 3(f) The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way
o 3(h) A method of agriculture or horticulture.(i) A method of producing a new form of a known plant even if it involved a modification of theconditions under which natural phenomena would pursue their inevitable course is not patentable.(N.V. Philips Gloeiammpenfabriekens Application 71 RFC 192).o 3(i) Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.o 3(m) A mere scheme or rule or method of performing mental act or method of playing game;o 3(n) A presentation of informationo 3(o) Topography of integrated circuits.
INVENTIONS RELATING TO ATOMIC ENERGY (S.4) "No Patent shall be granted inrespect of an invention relatingto atomic energy falling within subsection (1) of section 20 of the Atomic Energy Act, 1962
•An application for a patent in the prescribed form along with the prescribed fee has to be filed in the appropriate patent office. Examiners of patents scrutinize the application accompanied by a specification so that it satisfies the requirements. After examination, the Patent Office will raise objections and once the applicant convinces the Controller Of Patents will put the specification in the Official Gazette and on its acceptance without any controversy, a patent shall be granted. Procedural •A patent grant gives the patentee the exclusive right to make or use the patented article or use the patented process by preventingrequirements all others from making or using the patented article or using the patented process. The patentee can assign, grant licenses or deal for consideration. •An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country. FILING •A patent application will be published on expiry of eighteen months after the priority date. It can be published earlier, if such a request is made by the applicant. The application will not be published if directions are given for secrecy, until the term of those directions expires. It will also not be published if the application is withdrawn three months before publication date. •On publication, specification including drawings and deposits shall be open for public inspection. The rights of the patentee startPUBLICATION from the date of publication but they cannot be enforced until after patent grant.
Dispute Between Robert Kearns And Ford Motor Company, Chrysler Corporation