a detailed description to Introduction to patents and its allied issues. Its object and scope have also been discussed. Few provisions from the Patent Act 1970 are also addressed.
1. Introduction to Patents Act, 1970
By Atul S. Jaybhaye
Assistant Professor
Hidayatullah National Law University, Raipur
B.A.,LL.M.,NET
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2. Evolution of Patent Regime
• The Act of 1856 - the first legislation pertaining to
patent law.
• The Patents and Designs Act, 1911, replaced all the
previous Acts.
• After Independence, it was felt that the Indian
Patents & Designs Act, 1911 was not fulfilling its
objective.
• Time to revise The Patents and Designs Act, 1911
due to certain lacunas.
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3. Evolution of Indian Patent Regime
• In 1949, a committee was constituted under the
chairmanship of Justice (Dr.) Bakshi Tek Chand.
• Food and medicine and surgical and curative devices
were to be made available to the public at the
cheapest price.
• Based on the committee’s recommendations, the
1911 Act was amended in 1950 (by Act XXXII of
1950).
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4. Evolution of Indian Patent Regime
• In 1952, a further amendment was made (by Act LXX of
1952) to provide for compulsory license in respect of
food and medicines, and a process for producing
substance or any invention relating to surgical or
curative devices.
• The committee’s recommendation prompted the
Government to introduce a bill (Bill no. 59 of 1953) in
Parliament.
• In 1957, another committee came to be appointed
under the chairmanship of Justice N. Rajagopala
Ayyangar to take a fresh look at the law of patent.
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5. Justice Ayyangar’s report specially
discussed
• (a) patents for chemical inventions; and
• (b) patents for inventions relating to food and
medicine.
• the new law of patent, namely, the Patents Act, 1970
was enacted.
• Date of enforcement - April 20, 1972 replacing the
Patents and Designs Act, 1911.
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6. Meaning of Patent
• “It refers to a grant of some privilege, property or authority
made by the government or the sovereign of the country to
one or more individuals. The instrument by which such grant
is made is known as patent.”
• The Law of Patent in India is governed by Patent Act of 1970.
• Patent is one of the types of Intellectual property.
• Patent is generally granted to the person who has invented
something new.
• A person to whom such rights are granted is called as
Patentee.
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7. Patent and Invention defined
• Sec. 2(1)(m) Patent Sec.2(m) “patent” means a
patent for any invention granted under this Act.
• Section 2(1)(j) Invention:
“Invention” means a new product or process
involving an inventive step and capable of industrial
application”.
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8. Object behind a Patent Law
• To encourage the inventors to invent new products,
processes or machines by using their intellectual
skills.
• To encourage the scientific research, new technology
and industrial progress.
• To allow patentee to gain commercial advantage out
of his invention.
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9. Imp. Definitions.
Sec.2(ac) “capable of industrial application”, in relation
to an invention means that the invention is capable
of being made or used in an industry.”
Sec.2 (b) “Controller” means the controller General of
Patents, designs and trade marks.
2(j) “Invention” means a new product or process
involving an inventive step and capable of industrial
application.
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10. Imp. Definitions.
• Sec.2(m) “patent” means a patent for any invention
granted under this Act.
• 2(n) “Patent agent” means a person for the time
being registered under this Act as a patent agent.
• 2(p) “patentee” means the person for the time being
entered on the register as the grantee or proprietor
of the patent.
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11. CHARACTERISTICS OF INVENTION FOR
OBTAINING A PATENT
The NUN Test
• It should be “Novel”
• Should have “Useful”
• Invention should be a product of inventive activity,
(“Non-obvious” to the person skilled in art)
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12. Term of Patent
• 20 years from the date of filing patent application.
• Doctrine of public domain.
• Patent rights are available only in that country in which it is patented
(there cannot be a global patent)
• Case laws –
I. Turmeric Patent case -1995
II. Basmati rice patent case between India and US -1997
Types of Patent:
• Process patent
• Product patent
• Patent of addition
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13. Patent Law - Salient Features
• Exclusive right granted by a country to the owner of
an invention.
• Restriction on use of invention without consent.
• Both pre-grant and post-grant opposition allowed.
• Fast track mechanism for disposal of appeals.
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14. Patent Law - Salient Features
• Patent can be gifted, inherited, assigned, sold or
licensed.
• As the right is conferred by the State, it can be
revoked by the State under very special
circumstances.
• The patent right is territorial in nature etc.
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15. Landmark cases
• Case laws – IP and traditional knowledge.
I. Turmeric Patent case -1995
II. Basmati rice patent case between India and US -
1997
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