4. A Patent is, “an exclusive right granted by a country to the owner of an
invention to make, use, manufacture and market the invention, provided
the invention satisfies certain conditions stipulated in the law”
5. If more than two persons have jointly applied
for patent license, both will own the patent
separately
Inspite of the ownership of the rights, the
use or exploitation of the rights by the owner
of the patent may not be possible due to
other laws of the country which has awarded
the patent. these laws may related to
health, safety, food, security, etc.
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6. As the right is compared by the state, it can
be revoked by the state under very special
circumstances even if the patent has been
sold or licensed or manufactured or
marketed in the meantime.
The patent right is territorial in nature and
inventors/their assignees will have to file
separate patent applications in countries of
their interest along with necessary fees, for
obtaining patents in those countries.
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7. A Patent is the law is a property right and
hence, can be gifted inherited, assigned,
sold or licensed.
A new chemical process or a drug molecule
or an electronic circuit or a new surgical
instrument or a vaccine is a patentable
subject-matter provided all the stipulations
of the law are satisfied.
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8. Patent protection was introduced in 18th century.
Head office at culcutta.
I P act,1970 grants exclusive right to the inventor for his
invention for limited period of time.(20 yrs)
Patent registration can be filed individually or jointly.
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9. All the required documents need to be filed
along with the application form. only after
verification registration certificate is
provided to the applicant.
Invention relating to manufacturing of food or
drugs or medicine it is seven years from the date
of patent.
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10. An application for obtaining a patent can be filled
at respective office by :-
A true and first inventor
A person/company who is an assignee of first and
true inventor
A legal representative of the first and true inventor.
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11. Patents are registered with the controller
general of patents, designs and trademark.
The head office in Calcutta, with branch
offices in Delhi, Mumbai and Chennai.
Once specification is accepted, the notice of
patent is advertised in governments official
gazette. three months time is given for
notice of opposition.
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12. For items as food or medicine,the process
patent is granted for five years from the date
of selling or seven year from date of patent.
Beside this process,the govt may on a
reciprocal basis, declare only there country
as a “convention” country,for the purpose of
fulfilling any treaty.
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13. 1) The grant of patent under this act shall be subject
to the condition that:-
Any machine, apparatus, or other article in respect
of which the patent is granted or any article made by
using a process in respect of which the patent is
granted, may be imported or made by or on behalf of
the govt for the purpose merely of its own use.
Any process in respect of which the patent is granted
may be used by or on behalf of the purpose merely of
its own use.
Any machine, apparatus, or other article in respect
of which the patent is granted or any article made by
the use of the process in respect of which the patent
is granted, may be made or used, by any person, for
the purpose merely of experiment or research
including the imparting of instructions to pupils.
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14. 2) On the grant of patent, the controller shall
publish the fact that the patent has been
granted & thereupon the application,
specification, & other documents related
there to shall be open for public inspection.
3) Every patent shall be dated has of the date
on which the application for patent was
filed. The of every patent shall be entered in
the register.
4) Every patent shall be in the form of
specified in the Third Schedule. Every patent
shall have effect throughout India. A patent
shall be granted for one invention only.
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15. Meaning : Copyright is a right, which is
available for creating an original literary or
dramatic or musical or artistic work.
Example : computer programs, software.
“Copyright is a right given by the law to
creators of the literary, dramatic, musical
and artistic works and procedures of
cinematography films and sound recordings ”
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17. Classes of works for which Copyrights
protection is Available in India.
i. Artist Work
ii. Dramatic Work
iii. Literary Work
iv. Computer Program
v. Musical Work
vi. Cinematograph Film
vii. Sound Recording
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18. 1)The term of the copy right in any literary, domestic,
musical or artistic work (other than a photograph) is :
if published within the lifetime of the author until 60
years from the beginning of the calendar year, next
following the year in which the author dies.
If published anonymously until, 60 years from the
beginning of the calendar year next following the
year in which the work is first published. If, however,
the identify of the author is disclosed before the
expiry of the said period, then copyright shall subsist
as per (i) above.
In posthumous works, until 60 years from the
calendar year next following the year in which the
work is first published.
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19. 2) The term of the copyright in case of
photographs, cinematograph film, sound
recording, government work, work of public
undertaking & works of international
organization, shall subsist until 60 years from
the beginning of the calendar year next
following the year in which the work is first
published.
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20. The registration contains the following :-
Literary works other than computer
programs, tablets, and compilations,
including computer databases and Dramatic
works
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