The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
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.
Understanding pharmaceutical patents and their intersection with the FDA. Insights into the patent process, from filing to issuance, with a focus on the particularities of pharmaceutical patents, for both small molecules and biologics. Learn how to structure your filings for success, and peer into the complex but valuable interaction between your patents and the FDA regulatory procedure.
Patent Law in India_What,How to get it regisgtered and protectedKrishan Singla
It describes the patent law in India and describes what comes and what does come under patent . In other words it defines what kind of inventions can be patented . In brief it contains the following topics:
-What is intellectual property
-Meaning of Patent
-Legislative Framework Patents
-Patent Law - Salient Features
-Safeguards in the Patent Law
-Definition of patentable invention
-Inventions not patentable
-Documenting invention
-Steps for obtaining a patent in India
-Rights of product patentee
-Rights of process patentee
-Renewal of patent
-Infringement of patent
-Patent Due Diligence
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.
Understanding pharmaceutical patents and their intersection with the FDA. Insights into the patent process, from filing to issuance, with a focus on the particularities of pharmaceutical patents, for both small molecules and biologics. Learn how to structure your filings for success, and peer into the complex but valuable interaction between your patents and the FDA regulatory procedure.
Patent Law in India_What,How to get it regisgtered and protectedKrishan Singla
It describes the patent law in India and describes what comes and what does come under patent . In other words it defines what kind of inventions can be patented . In brief it contains the following topics:
-What is intellectual property
-Meaning of Patent
-Legislative Framework Patents
-Patent Law - Salient Features
-Safeguards in the Patent Law
-Definition of patentable invention
-Inventions not patentable
-Documenting invention
-Steps for obtaining a patent in India
-Rights of product patentee
-Rights of process patentee
-Renewal of patent
-Infringement of patent
-Patent Due Diligence
There are two main types of patents granted by the U.S. Patent Office: design patents and utility patents. Determining which type of patent applies to your invention can be crucial to receiving adequate protection for your invention. A utility patent is granted by the U.S. Patent and Trademark Office (USPTO) for inventions that produce a new and useful result. With a utility patent, an inventor is granted the right to prevent anyone else from making, selling, using or importing the invention without the inventor's consent. A utility patent may be granted to anyone who invents or discovers any new and
useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
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.
Patent in Living Organism (Speaking Roses International v. Controller General...Abhinandan Ray
According to Section 3 (j) of Indian Patent Act, 1970 plants and animals can't be a subject matter of patent in India and this case is related to this section.
Dr. amit gangwal ka pharmaceutical patent presentation
highly exhaustive and updated ppt on pharmaceutical patents, a must watch by all those concerned with the same.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
To get a patent, technical information about the invention must be disclosed to the public in a patent application.
The patent is usually referred to as the right granted to an inventor for his Invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter
There are two main types of patents granted by the U.S. Patent Office: design patents and utility patents. Determining which type of patent applies to your invention can be crucial to receiving adequate protection for your invention. A utility patent is granted by the U.S. Patent and Trademark Office (USPTO) for inventions that produce a new and useful result. With a utility patent, an inventor is granted the right to prevent anyone else from making, selling, using or importing the invention without the inventor's consent. A utility patent may be granted to anyone who invents or discovers any new and
useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
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.
Patent in Living Organism (Speaking Roses International v. Controller General...Abhinandan Ray
According to Section 3 (j) of Indian Patent Act, 1970 plants and animals can't be a subject matter of patent in India and this case is related to this section.
Dr. amit gangwal ka pharmaceutical patent presentation
highly exhaustive and updated ppt on pharmaceutical patents, a must watch by all those concerned with the same.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
To get a patent, technical information about the invention must be disclosed to the public in a patent application.
The patent is usually referred to as the right granted to an inventor for his Invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter
To understand the basic of intellectual property rights like Patents, Trademarks, Copyrights and related rights, Geographical Indications, Industrial Designs,Trade Secrets, Layout Design for Integrated Circuits, Protection of New Plant Variety. by the way of that to understand how to protect this property and use in business
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA : PAT...KISHLAYRANJAN
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA: PATENTS, COPYRIGHTS
In this presentation, you will get to know about copyright, patents, and Intellectual property rights in India. The duration of patent and how copyright is different from the patent.
Patent Registration and Protection in Myanmar .pdfKenfoxLaw
In Myanmar, patent protection is officially recognized under the Patent Law 2019. A patent is a form of intellectual property right granted to protect an invention, which is defined as any product or creation related to a production process that can solve a particular problem in a technical field, including minor inventions. Minor inventions are considered as technical creations that encompass new forms of a product, new structures of the parts of a product, or parts of a product that enhance its utility or performance.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
2. 2
Introduction
Patent is as similar to Trademarks, copyright, design and geographical
indications, Patent is also an Intellectual Property which is protected under the
Law and the rightful owner of the Patent can claim rights and authorities under
the Law for a limited period. In India, the Law of Patent is primarily governed by
the Patent Act of 1970.
Patent
The word “Patent” refers to a monopoly right over an invention. Not all
inventions are patentable nor it is essential to protect inventions solely through
patent. The final product that results from an invention may be protected
through other forms of intellectual property rights. The statutory definition of
Patent under the Patent Act as a Patent for any invention granted under the Act.
Object of Grant of Patent
The object of grant of Patent is to encourage research and development and
innovation. The Supreme Court in the case of Bishwanath Prasad Radhey
Shyam v. Hindustan Metal Industries[3], enumerated the object of Patent
Law as under:
The subject of Patent Law is to encourage scientific research, new technology
and industrial progress. Grant of exclusive privilege to own, use or sell the
method or the product patented for limited period, stimulates new inventions of
commercial utility. The price of the grant of monopoly is the disclosure of the
invention at the Patent Office, which after the expiry of the fixed period of the
monopoly passes into the public domain.
The core objective of the patent law is to promote the progress of
Science and useful arts. It can be listed as:
1. To encourage inventor: If a person puts efforts and resources in
invention something that can be patented, he should have a provision that
stops others from copying his work without his permission. If it happens
he would get motivated to research further.
2. To protect Inventors’ interest: By protecting inventions the Law also
protects the goodwill and financial gains of the inventor. For e.g. if Patents
are not provided anyone can copy the formula of drugs and can sell it at
cheaper rates. This will affect the goodwill of the inventor in case the drug
does not work, and the inventor will also lose his market that will result in
financial loss.
3. Encourage Research and Development: If an inventor gets recognition
for his work and at the same time his work is protected also, he may get
3. 3
motivated for further research. This will also motivate others to go in the
field of research. All this will finally result in the technical and financial
growth of the society.
4. To ensure Fai trade practices: By providing protection and monopoly
rights the law indirectly stimulates fair trade practices. If a businessman
knows that he will be facing legal action for copying others’ process or
product, he may not try to do so. This will help in controlling unfair
competition.
VALUE OF PATENT
The costs of preparing and filing a patent application, prosecuting it until grant
and maintaining the patent vary from one jurisdiction to another, and may also
be dependent upon the type and complexity of the invention, and on the type of
patent.
RIGHTS IN A PATENT
Patent registrations confer on the rightful owner a right capable of protection
under the Act i.e. the right to exclude others from using the invention for a
limited period of time. The monopoly over patented right can be exercised by
the owner for a period of 20 years after which it is open to exploitation by
others.
Patent confers the right to manufacture, use, offer for sale, sell or import the
invention for the prescribed period.
TIME PERIOD FOR WHICH PATENT IS GRANTED
Initially, the Act provided for a shorter term of protection for medicine or drug
substances. However, vide the Amendment Act of 2005 uniform period of 20
years was provided for all the Patents. Thus, once the prescribed period of 20
years is over, then any person can exploit the patented invention. Here it would
be relevant to mention that similar to a trademark even the term of a patent
begins from the date of application of patent.
REQUIREMENTS FOR GRANT OF PATENT
1. The application for Patent shall be made at the Indian Patent Office.
2. Any person i.e. Indian or a Foreigner, individual, company or the
Government can file a Patent Application.
The person applying for Patent shall be the true and first inventor of
the invention proposed to be patented.
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a) The patent application can also be made jointly.
b) The patent application shall primarily disclose the best method of
performing the invention known to the applicant for which he is entitled
to claim protection.
c) The applicant shall also define the scope of invention.
The invention desired to be patented shall be- new, should involve an
inventive step and must be capable of industrial application.
A patent application can be made for a single invention only.
An international application made under the PCT (Patent Co-operation
Treaty) designating India shall be deemed as an application made under
the Patents Act with the priority date accruing from the date of the
international filing date accorded under the PCT.
INVENTION UNDER THE PATENT ACT
The Act under Section 2(1)(j) defines “invention” as a new product or process
involving an inventive step capable of industrial application.
The term “industrial application” refers to capable of industrial application in
relation to an invention means that the invention is capable of being made or
used in an industry. One of the pre-requisite of invention is that it should be new
i.e. the invention proposed to be patented has not been in the public domain or
that it does not form part of the state of the art.
Under the Patent Act, both processes and products are entitled to qualify as
inventions if they are new, involve an inventive step and are capable of
industrial application.
REQUIREMENTS TO QUALIFY AS INVENTION
1. The Invention must be new;
2. Invention must involve an inventive step;
3. The Invention must be capable of industrial application or utility;
4. The Invention shouldn’t come under the inventions which are not
patentable under section 3 and 4 of the Patent Act, 1970.
5. 5
INVENTIONS THAT ARE NOT PATENTABLE
Non-patentable inventions are enumerated under section 3 and 4 of the Patent
Act. Such inventions are delineated below:
Any Inventions which is frivolous or which claims obviously contrary to
well established natural laws is not patentable.
Inventions which are contrary to public order or morality is not
patentable.
An idea or discovery cannot be a subject matter of a patent application.
Inventions pertaining to known substances and known processes are not
patentable i.e. mere discovery of a new form of a known substance which
does enhance the efficacy of that substance is not patentable.
An invention obtained through a mere admixture or arrangement is nor
patentable.
A method of agriculture or horticulture cannot be subject matter of
patent.
A process involving medical treatment of human and animals or to
increase their economic value cannot be subject matter of a patent.
Plants and animals in whole or in part are not patentable.
A mathematical or business method or a computer program per se or
algorithms is excluded from patent protection.
Matters that are subject matter of copyright protection like literary,
dramatic, artistic work is not patentable.
Any scheme or rule.
Topography of integrated circuits.
Traditional knowledge.
Inventions relating to atomic energy.
PROCESS PATENT AND PRODUCT PATENT
Patents contain claims, usually multiple claims, and they can be either process
claims or product claims. One patent can contain both kinds of claims.
A process claim describes a process; that is, it describes a way of doing
something. That something could be how to make a product, or how to use a
product, etc., pretty much some set of steps or actions.
A product claim describes a product, like a tool, a new type of material, or a
system of devices that work together. Generally any kind of tangible thing.
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There are also “product by process” claims. These describe a product in terms of
the steps required to make it. Think of “a pizza made according to this recipe.
SURRENDER AND REVOCATION OF PATENTS
Sections 63 to 66 deal with the subject of surrender and revocation of patents.
Surrender of Patents (s. 63). A patentee may, at any time by giving notice to
the controller, offer to surrender his patent. Where such an offer is made, the
controller shall advertise the offer, and also notify every person whose name
appears in the Register as having an interest in the patent. Any person
interested may give notice of opposition to the surrender. The controller, after
completing the procedure and hearing the parties may accept the offer and
revoke the patent.
Revocation of patents (s. 64). The high court may revoke the patent (i) on a
petition by (a) any person interested; or (b) the central government, or (ii) on a
counter claim in a suit for infringement of the patent. Following are the grounds
on which a patent may be revoked;
i. that the invention claimed in any claim of complete specification was
claimed already in a valid claim of the earlier priority date contained in
complete specification of another patent granted in India;
ii. that the patent was granted on an application of the person not entitled
to apply for the patent;
iii. that the patent was obtained wrongfully in contravention of the rights
of the petitioner;
iv. that the claim of the complete specification is not an invention within
the meaning of the Act;
v. that the invention as claimed, is not new having regard to what was
publicly known or used in India or elsewhere before the expiry date of
the claim;
vi. that the invention is obvious or does not involve any inventive step;
vii. that the invention is not useful;
viii. that the complete specification does not sufficiently and fairly describe
the invention and the method by which it is to be performed;
ix. that the scope of the claim of the complete specification is not
sufficiently and clearly defined or is not fairly based on the matter
disclosed in the specification;
x. that the patent was obtained on a false suggestion or representation;
xi. that the subject of the claim is not patentable under the Act;
xii. that the invention claim was secretly used in India;
xiii. that the claimed invention failed to disclose the requisite information
and undertaking regarding the foreign application;
xiv. that the applicant has contravened any direction for secrecy passed by
controller or the central government;
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xv. that the leave to amend the complete specification was obtained by
fraud;
xvi. that the revocation which the central government consider is necessary
in the interest of security of India;
Also a patent may be revoked by the High Court on the petition of the Central
Government if the High Court is satisfied that the patentee has without
reasonable cause failed to comply with the request of the Central Government to
make, use or exercise the patented invention for the purposes of government.
Revocation of patent on directions from Central Government in cases
relating to atomic energy (s. 65). Where the Central Government is satisfied
that a patent is for an invention relating to atomic energy for which no patent
can be granted, then it may direct the controller to revoke the patent. Then the
controller may revoke the patent.
Revocation of patent in public interest (s. 66). Where the Central
Government is of opinion that patent or the mode in which it is exercised is
mischievous to the state or generally prejudicial to the public, it may make a
declaration to that effect in the official gazette. It shall give an opportunity to
the patentee to be heard before making such a declaration. Then the patent
shall be deemed to be revoked.
INFRINGEMENT OF PATENT
Infringement of Patent primarily refers to intrusion or violation of the rights of
the rights of a patentee against which has statutory rights under the Act.
The Factor that are essential in determining infringement of a Patent are as
under:
1. While determining infringement it has to be assessed whether the
infringing activity fell within the scope of the invention. Thus, the
infringement has to be determined with regard to what has been
claimed as invention under the Patent Act by applying the principles
or standards of construction.
2. To determine whether the infringing activity violated any statutory
rights conferred to the Patentee under the Act. In this respect
reference can be made to section 48 of the Act which enumerates
the rights of the Patentee with respect to a product patent and
process patent.
3. To determine the infringer i.e. the person liable for the
infringement.
4. To determine whether the infringing act fell within the acts which do
not amount to infringement under the Patents Act i.e. excluded acts
of Government use, use of patented product or process for
experiment or research, import of medicine or drug by Government
and patents in foreign vessels and aircrafts.