5. Governing Laws in India for IPR as follows
1. Patent Act 1970
2. Trade Marks Act 1999
3. Copyright Act 1957
4. Design Act 2000
5. Geographical Indication of Goods (Registration and Protection)
Act 1999
6. Plant Variety and Farmers Right Protection Act 2001
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6. What is Patent ?
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.
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7. Essentials of Patent
Patents granted for an invention
INVENTION means a product or process which is -
– New (Novel)
– Involving Inventive Step (Non-obvious)
– Utility
Capable of Industrial Application
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8. Patent Administration in India
A patent application can be filed at any of the four patent offices
in India.
Four branches:
Kolkata (Head office)
Mumbai
Delhi
Chennai
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9. Who can file Patent Application in India…?
Either alone or jointly:
By any person claiming to be true and first inventor(s).
By any person being the assignee of person claiming to be true
and first inventor(s).
By the legal representative of any deceased person who can
immediately after his death is entitled to make such application.
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11. The patent application passes through the following
stages
A. Filing
B. Publication
C. Examination
D. Opposition
E. Grant
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12. Patent Grant Procedure
Filing of patent application
Early Publication Publication after 18 months
Pre Grant Opposition
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent
Decision By Controller
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13. Filing of the Patent Application
Application for patent can be filed only on the payment of full fee.
Filing fee is charged on the basis of number of pages and number
of claims made in the patent document.
No extra fee is charged up to 30 pages and 10 claims.
Power of attorney-if applicable.
Application, Specification and other documents should be either
in Hindi or English language.
If application discloses sequence listing of nucleotides and/or
amino acids, it should be filed in electronic form.
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14. No. Action Limits, conditions and
timelines
Official Fees
Individual Legal entity
1. Filing of patent application
along with provisional/
complete specification
For maximum number of
pages 30 and maximum
number of claims 10
Rs. 1,000/- Rs. 4,000/-
For each additional sheet Rs. 100/- Rs. 400/-
For each additional claim Rs. 200/- Rs. 800/-
2. Request for examination of
patent
Rs. 2,500/- Rs. 10,000/-
3. Request for early
publication
Rs. 2,500/- Rs. 10,000/-
4. Renewal fee (every year) 2nd
year to 6th
year Rs. 500/- Rs. 2,000/-
7th
year to 10th
year Rs. 1,500/- Rs. 6,000/-
11th
year to 15th
year Rs. 3,000/- Rs. 12,000/-
16th
year to 20th
year Rs. 5,000/- Rs. 20,000/-
Some imp. fees for filing a patent application in India
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16. Requirements for documents
All documents & copies of document, except affidavits &
drawings sent to the patent office or otherwise furnished to the
Controller shall be written, typewritten or printed in English
language (unless otherwise directed or allowed by the controller)
in legible character size, with lines widely spaced upon one side
only on strong white paper.
The size of paper should be A4 size with a margin of 4cm on the
top and 3cm on the bottom and right hand part thereof.
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17. Publication of Patent Application
Every application shall be published after expiry of 18 months
from the date of filing or date of priority of the application except
the following,
– Application in which secrecy direction is imposed or
– Has been withdrawn before 3 months prior to expiry of 18
months.
However the applicant can make request for early publication
prior to 18 months on form 9 with prescribed fee of Rs.2500 or
Rs.10000 by individual or legal entity respectively.
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18. Filing of Request For Examination
A request for examination can be filed in form 19 only within 48
months from the priority date or filing date whichever is earlier.
Grant of patent
A patent will be granted to the applicant if -
– The applicant has complied with the objections within the
prescribed time.
– No pre-grant opposition by representation is filed.
– If filed, disposed of in favour of the applicant within the
prescribed time.
Patent will be granted and sealed with seal of office and notified
in the official journal .
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20. No. Provisional Specification
(P.S.)
Complete Specification
(C.S.)
1 Should be filed as soon as
inventive idea comes in mind
Necessary to get a patent
2 Should describe the nature of
invention & contain the
description of essential
features of the invention
Should describe the nature of
invention and the details of
the manner in which it is to
be performed
3 No need to include claims Must have claims
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Types of Specifications
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21. Content of Provisional Specification
Title
Written description
Drawings, if necessary
Sample or model if required.
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22. Advantages of Provisional Specification
Priority for invention
Get extra time for further developments
Disclose to interested person to obtain financial support
Explore commercial feasibility
Avoid further expenses if no commercial feasibility
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23. Content of Complete Specification
Title of the invention
Field & background of the invention
Use of the invention
Prior art in the said field of invention & its drawback(s)
Comparison between prior art & present invention
Object (aim) of the present invention
Summary of the present invention
Statement of the invention
Detailed description of the invention w.r.t. drawings, if any
Working examples for best method of the invention
Claims for legal monopoly
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24. Offences and Penalties
No. Offences Penalties
1. Contravention of provision relating to
certain inventions.
Imprisonment upto 2 years, or fine, or
both.
2. Falsification of entries on register etc. Imprisonment upto 2 years, or fine, or
both
3. Unauthorized claim of patent rights. Fine upto Rs. 500/-
4. Wrongful use of words “patent office” Imprisonment upto 6 months, or fine, or
both.
5. Failure to supply information to the
Central Government or the Controller.
Fine upto Rs. 1,000/-
6. Supply of false or untrue information. Imprisonment upto 6 months, or fine, or
both.
7. Practice by non-registered patent
agents.
First offence-fine upto Rs. 500/- second
or subsequent offence fine upto Rs.
2,000/-
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25. References
Books
1. Dr. B. S. Kuchekar, Mr. A. M. Khadatare, Mr. Sachin Itkar, by
“Forensic Pharmacy”, (7th
Ed.) Nirali publication, Pune, 2007,
16.1-16.8.
2. N.K. Jain, “Text Book of Forensic Pharmacy”, (6th
Ed.) ,Vallabh
Prakashan Delhi, 2003, 302-312.
3. N R Subbaram “What Everyone Should Know About Patents”,
Pharma Book Syndicate, (2nd
Ed.), Hyderabad .
4. Philip W. Grubb “Patent for Chemicals, Pharmaceuticals and
Biotechnology” Oxford University Press, 4th
edition. 25
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26. Web references
1. www.indianpatents.org.in
2. www.tifac.org.in
3. www.elsevier.com (TRIPs and patenting activity: Evidence from
the Indian Pharmaceutical Industry, Alka Chadha. Department of
Economics, National University of Singapore, 1 Arts Link,
117570, Singapore.)
4. www.ipindia.nic.in
5. www.sciencedirect.com
6. www.google.com
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