The document discusses patents, which are a grant from governments that provide the exclusive right to make, use, or sell an invention for a limited period of time. Key points include:
- A patent is granted for new and useful inventions like processes, machines, manufactured articles, or improvements. It is not granted for ideas or principles.
- The term of an Indian patent is 20 years to encourage research and development. Patents prevent secret exploitation of inventions and allow patentees to legally enforce their rights against infringers.
- The patent process involves filing an application with a provisional then complete specification within 12 months, examination for novelty, opportunity for opposition, and potential grant and sealing of the patent.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
Under the Indian patent law, a patent can be obtained only for an invention that is new and useful. The invention must relate to the machine, article, or substance produced by a manufacturer, or the process of manufacture of an article.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
Under the Indian patent law, a patent can be obtained only for an invention that is new and useful. The invention must relate to the machine, article, or substance produced by a manufacturer, or the process of manufacture of an article.
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
Compulsory Licensing: Regulatory perspective on how it can be filed and how they can be used for public health, especially essential anti-cancer molecules. A tool to scale down the cost of essential life saving medicines
A patent is a set of exclusive rights granted by a state (national government) to an inventor for a limited period of time in exchange for a public disclosure of an invention.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
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[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
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3. Patent:
Patent word from Latin: patere-
“to lay open”
(to make it available for public inspection)
Patent is a grant from the government
A guarantee for a limited period of time
The required privilege for
Making
Selling
Using the invention
4. • A patent is a monopoly right to a person who
has invented a new and useful article or it is
an improvement of an existing article or a
new process of making an article.
4
5. • A patent is not granted for an idea or
principle as such, but it is granted for some
article or the process of making the same
article.
• The term of every patent is 20 years and it
maintain by paying the renewal fees at
every succeeding year.
•
5
6. Prevention against
leaking of the invention
through workmen of
inventor.
Prevent secret
exploitation of invention
by the competitor.
On obtaining patent the
patentee can lawfully
enforce against
infringers.
6
8. Why patent is necessary ?
To encourage
research and
development
Induces an
inventor to
disclose his
invention
Stimulate capital
investment
affects economy
Encourages
technology
development
Encourages
establishment of
new industries
10. Patent Grant ProcedurePatent Grant Procedure
Filing of patent application
Publication after 18
months
Pre Grant Opposition /
Representation by any person.
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent
(Constitution of Opposition Board)
Early Publication
Decision By Controller
11.
12. 1856 Protection of invention
1911 Indian patents & designs act
1972 Patents act (act 39 of 1970)
– only process patents | 14 year, 5 year (food/drug)
1975 India joins WIPO
1999 India signs TRIPS (after joining WTO)
1999, 2002, 2004,
2005
Amendments
-Product patents | 20 years patent period
Journey of Indian Patent System
13. The Indian Patent Act, 1970
The Indian legislation which control the patents system
In India the grant of patents is governed by the patent
act 1970 and rules 1972 which is operative in the
whole of India
15. CHAPTER I
PRELIMINARY
Short title, extent and commencement.
This Act may be called the Patents Act, 1970.
It extends to the whole of India.
It shall come into force on such date as the Central
Government may, by notification in the Official
Gazette
Contd...
16. Definitions and interpretation.
Assignee includes the legal representative of a
deceased inventor.
Invention means any new and useful-
(i) art, process, method or manner of manufacture
(ii) machine, apparatus or other article
(iii) substance produced by manufacture, and includes
any new and useful improvement of any of them, and
an alleged invention
Legal Representative means a person who in law
represents the estate of a deceased person
Contd...
17. Patentee means the person for the time being entered on
the register as the grantee or proprietor of the patent
True And First Inventor does not include either the first
importer of an invention into India, or a person to whom
an invention is first communicated from outside India
18. Invention
or
Discovery
just a theory,
or based on
known theory,
arrangement or
rearrangement
in a known
way
based on
traditional
knowledge
related to
atomic energy
injurious to
public health
contrary to
natural laws
CHAPTER II: INVENTIONS NOT PATENTABLE
21. Form of application
Provisional and complete specifications
complete specifications within 12 months (3 months
relaxation after the permission of controller but have to pay a
prescribed fee).
Contents of specifications
Provisional : Title & idea of invention
Complete : title, abstract, full description, its utility, scope,
diagram, etc.
Priority dates of claims
first to file (in India)
first to document (in USA)
22. CHAPTER IV
EXAMINATION OF APPLICATIONS
Examination of application :
after submission of complete specifications.
Search for anticipation by previous publication and by
prior claim :
It is the duty of examiner to check applications
Consideration of report of Examiner by Controller:
Controller analyse it and make gist of objection, send to
applicant & provide prescribed time to him to eradicate
these objections.
Contd...
23. Power of Controller
to refuse or require amended applications in certain
cases
to make orders respecting division of application
to make orders respecting dating of application
in cases of anticipation
in case of potential infringement
to make orders regarding substitution of applicants, etc.
Contd...
24. Time for putting application in order for acceptance
An application for a patent shall be deemed to have been
abandoned unless within fifteen months from the date on
which the first statement of objections to the applicant by
the Controller.
Acceptance of complete specification:
within 12 months from the date of filing of provisional
application
Advertisement of acceptance of complete specification
25. CHAPTER IVA
EXCLUSIVE MARKETING RIGHTS
Application for grant of exclusive rights:
To sell or distribute article or substance in India (made in
prescribed form and on payment of fees).
26. CHAPTER V
OPPOSITION TO GRANT OF PATENT
Opposition to grant of patent:
four months from date of advertisement of acceptance of
complete specification (1 month may exceed)
In cases of "obtaining" Controller may treat application as
application of opponent
Refusal of patent without opposition :
its all depends on controller.
Mention of inventor as such in patent
28. CHAPTER VII
PROVISIONS FOR SECRECY OF CERTAIN
INVENTIONS
To inventions relevant for defence purposes
Secrecy directions to be periodically reviewed:
within 9 months (extend period of 3 months) by central govt.
Consequences of secrecy directions :
central govt. provide him reward/payment
29. CHAPTER VIII
GRANT AND SEALING OF PATENTS AND
RIGHTS CONFERRED THEREBY
Grant and sealing of patent:
the application has been opposed and the opposition has
been finally decided in favour of the applicant
Amendment of patent granted to deceased applicant
the Controller is satisfied that the person to whom the
patent was granted had died before the patent was sealed,
the Controller may amend the patent by substituting for
the name of that person the name of the person to whom
the patent ought to have been granted.
Contd...
30. Date of patent
every patent shall be dated as of the date on which the
complete specification was filed
Form, extent and effect of patent
Every patent shall be in the prescribed form and shall have
effect throughout India.
A patent shall be granted for one invention only:
Contd...
31. Grant of patents to be subject to certain conditions
any machine, apparatus or other article, process, medicine
& drug.
Rights of patentee
to make, use, exercise, sell or distribute the invention
Rights of co-owners of patents
Where a patent is granted to two or more persons, each of
those persons shall be entitled to an equal undivided share
in the patent.
use, exercise and sell the patented invention for his own
benefit without accounting to the other person or persons.
Term of patent
5 years- for food, drugs & medicine.
14 yrs – for all other inventions (methods &/or processes)
32. CHAPTER IX
PATENTS OF ADDITION
Patents of addition
any improvement in or modification of an invention
which is not present in complete specification
Terms of patents of addition-
equal to the term of patents for the main invention.
33. CHAPTER X
AMENDMENT OF APPLICATIONS AND
SPECIFICATIONS
Amendment of application and specification before
Controller:
Every application for leave to amend an application for a patent
or a specification under this section made after the
acceptance of the complete specification and the nature of
the proposed amendment shall be advertised in the prescribed
manner.
Amendment of specification before High Court
Where an application for an order under this section is made to
the High Court, the applicant shall give notice of the application
to the Controller and the Controller shall be entitled to appear
and be heard, and shall appear if so directed by the High Court.
34. CHAPTER XI
RESTORATION OF LAPSED PATENTS
Applications for restoration of lapsed patents
The patentee or his legal representative, and where the patent
was held by two or more persons jointly, then with the leave of
the Controller, one or more of them without joining the others,
may, within one year from the date on which the patent ceased
to have effect, make an application for the restoration of the
patent.
Rights of patentees of lapsed patents which have been
restored.
Same right as given to original patentee.
35. CHAPTER XII
SURRENDER AND REVOCATION OF PATENTS
Surrender of patents
A patentee may, at any time by giving notice in the
prescribed manner to the Controller, offer to surrender his
patent.
Revocation of patents in public interest
Where the Central Government is of opinion that a patent
or the mode in which it is exercised is mischievous to the
State or generally prejudicial to the public, it may, after
giving the patentee an opportunity to be heard, make a
declaration to that effect in the Official Gazette and
thereupon the patent shall be deemed to be revoked.
36. CHAPTER XIII
REGISTER OF PATENTS
Register of patents and particulars to be entered
therein
the names and addresses of grantees of patents;
notifications of assignments and of transmissions of
patents, of licences under patents, and of amendments,
and revocations of patents;
Assignments, etc., not to be valid unless in writing and
registered
Person or persons registered as grantee or proprietor of
patent
Register shall be the prim face evidence of any matter
required or authorized by or under this act.
Contd...
37. Register to be open for inspection
the register shall at all convenient times be open to
inspection by the public; and certified copies, sealed with
the seal of the patent office, of any entry in the register
shall be given to any person requiring them on payment of
the prescribed fee.
38. CHAPTER XIV
PATENT OFFICE AND ITS ESTABLISHMENT
Patent office and its branches : kolkata(H.O)
Branches: Delhi, Mumbai,Chennai.
Restriction on employees of patent office as to right or
interest in patents
All officers and employees of the patent office shall be
incapable, during the period for which they hold their
appointments, to acquire or take, directly or indirectly any
right or interest in any patent issued by that office.
39. CHAPTER XV
POWERS OF CONTROLLER GENERALLY
Controller have certain powers of a civil court
Examining patentee.
Awarding cost
Issuing commission for examination of witness of document
Requiring the discovery and production of any document
To correct clerical error in a patent or application of patent or
other specification
Give final decision if there is any opposition on a specification
filed, then heard both of one and decide the case.
Give extension of time in different provisions.
40. WORKING OF PATENTS, COMPULSORY LICENCES,
LICENCES OF RIGHT AND REVOCATION
Definitions of "patented articles" and "patentee”.
"patented article" and "patented process" mean
respectively an article or process in respect of which a
patent is in force
General principles applicable to working of patented
inventions
To encourage inventions.
Have commercial utility in India.
CHAPTER XVI
Contd…
41. Compulsory licences
At any time after the expiration of three years from the
date of the sealing of a patent, any person interested may
make an application to the Controller alleging at the
reasonable requirements of the public with respect to the
patented invention have not been satisfied or that the
patented invention is not available to the public at a
reasonable price and praying for the grant of a compulsory
licence to work the patented invention.
Contd…
42. General purposes for granting compulsory licences
the patented inventions are worked on a commercial
scale in India without undue delay and to the fullest
extent that is reasonably practicable.
the interests of any persons for the time being working or
developing an invention in India under the protection of a
patent are not unfairly prejudiced.
Terms and conditions of compulsory licences
the royalty and other remuneration, if any, reserved to
the patentee or other person beneficially entitled to the
patent.
the patented invention is worked to the fullest extent by
the person to whom the licence is granted and with
reasonable profit to him.
the patented articles are made available to the public at
reasonable prices.
Contd…
43. Matters to be taken into account in granting
compulsory licences
the nature of the invention, the time which has elapsed
since the sealing of the patent and the measures already
taken by the patentee or any licensee to make full use of
the invention.
the ability of the applicant to work the invention to the
public advantage.
Contd...
44. Endorsement of patent with the words "Licences of
right“
At any time after the expiration of three years from the
date of the sealing of a patent, the Central Government
may make an application to the Controller for an order
that the patent may be endorsed with the words "licences
of right" on the ground that the reasonable requirements
of the public with respect to the patented invention
have not been satisfied or that the patented invention
is not available to the public at a reasonable price.
Contd…
45. USE OF INVENTIONS FOR PURPOSES OF
GOVERNMENT AND ACQUISITION OF
INVENTIONS BY CENTRAL GOVERNMENT
Meaning of use of invention for purposes of
Government
an invention is said to be used for the purposes of
government if it is made, used, exercised or vended for the
purposes of the Central Government, a State Government
or a government undertaking.
CHAPTER XVII
Contd…
46. Power of Central Government to use
inventions for
purposes of Government
Where an invention has, before the priority date of the
relevant claim of the complete specification, otherwise
than in consequence of the communication of the
invention directly or indirectly, by the patentee or by a
person from whom he derives title, any use of the
invention by the Central Government or any person
authorised in writing by it for the purposes of government
may be made free of any royalty or other remuneration to
the patentee.
Contd…
47. Acquisition of inventions and patents by the
Central Government
The Central Government may, if satisfied that it is
necessary that an invention which is the subject of an
application for a patent or a patent should be acquired
from the applicant or the patentee for a public purpose,
publish a notification to that effect in the Official Gazette,
and thereupon the invention or patent and all rights in
respect of the invention or patent shall, by force of this
section, stand transferred to and be vested in the Central
Government.
48. SUITS CONCERNING INFRINGEMENT OF PATENTS
Power of court to make declaration as to non-infringement
any person may institute a suit for a declaration that the use by
him of any process, or the making, use or sale of any article by him
does not, or would not, constitute an infringement of a claim of a
patent against the patentee or the holder of an exclusive licence
under the patent.
Power of court to grant relief in cases of groundless threats of
infringement proceedings
Where any person threatens any other person by circulars or
advertisements or by communications, oral or in writing addressed
to that or any other person, with proceedings for infringement of a
patent, any person aggrieved thereby may bring a suit against him
CHAPTER XVIII
49. APPEALS
Every appeal under this section shall be in writing and
shall be made within three months from the date of the
decision.
Procedure for hearing of appeals
Every such appeal shall be heard by a single judge of the
High Court.
Every such appeal shall be heard as expeditiously as
possible and endeavour shall be made to decide the appeal
within a period of twelve months from the date on which it
is filed.
CHAPTER XIX
50. Chapter XX- OFFENCES AND PENALTIES
OFFENCES PENALTIES
Contravention of secrecy provisions
relating to certain inventions
imprisonment for a term which may
extend to two years, or with fine, or with
both.
Falsification of entries in register, etc. ----- do -----
Unauthorised claim of patent rights punishable with fine which may extend to
five hundred rupees.
Wrongful use of words, "patent office" imprisonment for a term which may
extend to six months, or with fine, or
with both.
Refusal or failure to supply information ----- do -----
Practice by non-registered patent agents fine which may extend to Rs.500 in the
case of a first offence and Rs.2000 in the
case of
subsequent offence.
Offences by companies If the person committing an offence
under this Act is a company offence shall
51. CHAPTER XXI: PATENT AGENTS
Register of patent agents
The Controller shall maintain a register .
Contains names and addresses of all persons .
Qualifications for registration as patent agents
Citizen of India;
He has completed the age of 21 years;
Has a degree from any Indian university or equivalent.
Is an advocate within the meaning of the advocates act,
1961.
Has passed the qualifying examination prescribed for the
purpose;.
Contd..
52. Restrictions on practice as patent agents
If he is not registered.
No company or other body corporate shall practise,
describe itself or hold itself out as patent agents or permit
itself to be so described or held out
Contd..
53. Removal from register of patent agents and restoration
by error
on account of misrepresentation or suppression of material
fact
that he has been convicted of any offence and sentenced to a
term of imprisonment or has been guilty of misconduct .
The Central Govt. may, on application and on sufficient cause
being shown, restore to the register the name of any person
removed there from.
54. Power of Controller to refuse to deal with
certain agents
any individual whose name has been removed from, and not
restored to, the register.
any person who has been convicted of an offence .
any person, not being registered as a patent agent, who in the
opinion of the Controller is engaged wholly or mainly in acting
as agent in applying for patents in India .
55. CHAPTER XXII
Budapest Treaty 2001
World Intellectual Property
Organization (WIPO)
Paris Convention 1998
World Trade
Organization (WTO) 1995
Patent Cooperation Treaty
(PCT) 1998
INTERNATIONAL
ARRANGEMENTS
56. CHAPTER XXIII
MISCELLANEOUS
Avoidance of certain restrictive conditions
Fees
Restrictions upon publication of specifications
Reports of Examiners to be confidential
Publication of patented inventions
Power of Controller to call for information from
patentees
Evidence of entries, documents, etc.
Service of notices, etc., by post
Security for costs
Contd..
57. Transmission of copies of specifications, etc., and
inspection thereof.
Information relating to patents
Loss or destruction of patents
Reports of Controller to be placed before parliament
Power of High Courts to make rules
Power of Central Government to make rules
59. An overview of amendments
(2005)
Product Patent
New use of existing pharma product
Patentability of software
EMRs eliminated
Oppositions
Compulsory licensing
Infringements
Mail-box application
Contd..
60. Pharmaceutical substances
Fast track granting introduced
Indian filing compulsory
Time period of request for examination reduced
Time period for examination and grant reduced
Revision of fees