This document discusses patents, including what they are, how they came into existence, and laws governing them. It notes that a patent is a form of intellectual property providing exclusive rights granted by a state to an inventor. The first patent was received in 1421. Indian patent law originated in 1856 and was consolidated in 1911. Patents can be granted for novel, inventive, and industrially applicable inventions, but discoveries, schemes, and methods of treatment are non-patentable. The document outlines the patent application and publication process and notes a dispute between Robert Kearns and Ford/Chrysler involving patents.

3. 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

5. 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 Rights
Granted By A Sovereign State To An Inventor Or Their Assignee For A Limited Period Of
Time In Exchange For The Public Disclosure Of An Invention.
 What Sort Of Things Can Be Patented ??
 What Is The Need For Patent ??

8. The Florentint Architect Filippo Received A Three-Year Patent For A Barge With
Hoisting Gear, That Carried Marble Along The Arno River In 1421.

10. 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.

11. . . 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

12. 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

13. Non Patentable !!
 Under Section 3 Of Patent Act
o 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

14. 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 the
conditions under which natural phenomena would pursue their inevitable course is not patentable.
(N.V. Philips Gloeiammpenfabrieken's 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 information
o 3(o) Topography of integrated circuits.

15. INVENTIONS RELATING TO
ATOMIC ENERGY (S.4)
"No Patent shall be granted in
respect of an invention relating
to atomic energy falling within
subsection (1) of section 20 of
the Atomic Energy Act, 1962

16. •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 preventing
requirements 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 start
PUBLICATION from the date of publication but they cannot be enforced until after patent grant.

23. Dispute Between Robert Kearns And Ford Motor Company, Chrysler Corporation

25. Courtesy :
http://www.trustman.org
http://www.ipindia.nic.in/ipr/patent/patents.htm
http://ezinearticles.com/?Basics-Of-Patent-Law-In-India&id=477104

26. www.imdb.com
http://en.wikipedia.org/wiki/Patent#Histor
y
http://www.google.co.in/imghp?hl=en&tab
=wi