The document provides an overview of intellectual property rights (IPR) and patents in India. It defines what a patent is, the requirements for patentability, and types of inventions that can and cannot be patented under Indian law. It discusses the history of patent acts in India, the key provisions of the Patents Act of 1970, and requirements for filing a patent application such as specifications, fees, and documents needed. It also summarizes rules around patent renewal, restoration, and filing abroad.

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Role of Intellectual Property Rights in
Protecting Inventions
By:-
Dr. Sujit Kumar
U.P. Council of Agricultural Research, Lucknow

2. Objective & Plan of Presentation
Objective
To give a general introduction to
the concept of Intellectual
Property Rights and Their Role
in Technology Transfer
2

3. Kinds of Property
 Movable Property
 Car, Pen, Furniture, Dress
 Immovable Property
 Land, Building
 Intellectual Property
 Literary works, Inventions
 Novel creations of human intellect
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4. Nature of Intellectual Property
 Creation of human mind (Intellect)
 Intangible property
 Exclusive rights given by statutes
 Attended with limitations and exceptions
 Time-bound
 Territorial
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5. “A right that is had by a person or by a company to
have exclusive rights to use its own plans, ideas, or
other intangible assets without the worry of
competition, at least for a specific period of time.
These rights may be enforced by a court via a
lawsuit. The reasoning for intellectual property is to
encourage innovation without the fear that a
competitor will steal the idea and / or take the credit
for it”.
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Definition of Intellectual Property

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IPR
Patents
Geographical Indications
Trademarks
Works of Art
Literature
Music
Broadcasting
Dramatics Works
Sound Recording
Computer Programs
Industrial Design
Classification of IPR
Intellectual
Property
Copyright
Trade Secret
Layout Designs/Topographies Integrated Circuits
Plant Variety
Protection

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IP- Duration of Term of Protection
 Patents (20 years)
 Trademarks (10 years + renewals)
 Copyrights in published literary, dramatic, musical, and artistic
works (Lifetime of author +60 years).
 Copyright in photographs ,cinematographic film, sound
recordings –(60 years from year in which it was published)
 Broadcast reproduction right-(25 years from the beginning
of the calendar year next following the year in which the
broadcast is made.)
 Performers right-(25 years from the beginning of the
calendar year next following the year in which the
performance is made)
 Industrial designs (10 years+ renewal permitted once for 5 years)
 Trade-secrets and know how collectively “proprietary
technology” (contract period-protected by contract provisions,
doctrine of breach of trust)

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Different Acts governing IP assets
Trade Marks
The Patents Act, 1970
Patents
The Copyright Act, 1957Copyright
Designs
The Protection of plant varieties and
Farmers’ Right Act, 2001
Geographical Indications
Plant Varieties
Semi conductor IC layout design
Act,2000
The Designs Act, 2000
The Geographical Indications
Of Goods Act, 1999
The Trade Marks Act, 1999
Semi conductor IC layout

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Patent

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A patent is a protection given to a patentee for an
invention for a limited term by the government for
disclosing the invention
Right to exclude others from using your invention
without permission of patentee.
Owner has a legal right to use the invention.
What is a Patent ?

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History of Patent Acts in India
1856- Act for protecting inventions on the basis of British law
of 1852
1859- Patent monopolies called exclusive privileges
1872- Patents and Designs Act
1883- Protection of Inventions Act
1888- Inventions and Designs Act
1911-1947- Modern Patent Era by Patents and Designs Act.
First time an authority called Controller General of Patents
appointed
1959- Justice Ayyangar’s Report
1967- Patent Act bill introduced in the Parliament
1970- The Patents Act passed by the Parliament
1972- The Patents Act, 1970 came into force on April 20,
1972

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The Patents Act, 1970
In India, the patent law is governed by The Patents
Act, 1970 which has been amended five times:
The Patents (Amendment) Act, 1999 came into force
retrospectively from 1st January 1995,
The Patent (Amendment) Act, 2002, came into force with effect
from20th May 2003 and
The Patent (Amendment) Act, 2005, effective from 1st January
2005.
The Patent (Amendment) Act, 2006, focused on the introduction of
reduced time lines and a fee structure based on specification size and
number of claims, in addition to a basic fee.
The Patent (Amendment) Act, 2012, focused on change in marks
of Patent Agent Examination.

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Meaning of ‘Invention’ under Patent Law
The word “Invention” has been defined
under the Patents Act 1970 as amended
from time to time as “An invention means a
new product or process involving an inventive step and
capableof industrialapplication”.

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Three Statutory Pillars of
PATENTABILITY
1. Novelty (new)
Invention not known to public prior to claim by inventor.
2. Inventive Step (non-obvious) (Sec 2(1)(ja))
Invention would not be obvious to a person with ordinary skill in
the art.
3. Industrial Applicability (utility) (Sec2(1)(ac))
Invention can be made or used in any useful, practical activity as
distinct from purely intellectual or aesthetic one.

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Novelty
An invention will be considered novel if it does not
form a part of the global state of the art. Novelty is
assessed in a global context. An invention will cease to
be novel if it has been disclosed in the public through
any type of publications anywhere in the world before
filing a patent application in respect of the invention.
Therefore, it is advisable to file a patent application
before publishing a paper if there is a slight chance that
the invention may be patentable. Prior use of the
invention in the country of interest before the filing date
can also destroy the novelty.

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Inventive Step
Section 2(1)(ja):
“Inventive Step" means a feature of an invention that
involves technical advance as compared to the existing
knowledge or having economic significance or both and
that makes the invention not obvious to a person skilled
in the art. The complexity or the simplicity of an
inventive step does not have any bearing on the grant of a
patent. In other words a very simple invention can
qualify for a patent.

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Utility / Industrial Application
• Usefulness
• Workable
• At least one recognized, verifiable
and practical end-use

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Specifications
Complete
Specification
Provisional
Specification
There are two types of patent documents usually known as
Patent Specification, namely
It should contain the
description of invention
with drawing, if
required. It is not
necessary to include
Claim. Provisional
Specification is filed to
establish priority of the
invention in case the
disclosed invention is
only at a conceptual
stage and specific
description of the
invention.
Complete Specification
should fully describe
the invention with
reference to drawing,
if required, disclosing
the best method
known to the applicant
and end with
Claim/Claims defining
the scope of protection
sought.

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Patentable Inventions
Under the Patents Act, 1970 following patentable inventions
as below:
A. Art, process, method or manner of manufacture.
B. Machine, apparatus or other article, Substances produced
by manufacture, which include any new and useful
improvements of any of them and an alleged invention.
C. However, inventions claiming substance intended for use,
or capable of being used, as food or as medicine or drug
or relating to substances prepared or produced by
chemical processes (including alloys, optical glass,
semiconductors and inter-metallic compounds) are not
patentable.

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Inventions which are not Patentable
(a)Frivolous inventions
(b)Inventions contrary to well
established natural laws
(c)Formulation of an abstract theory
(d)Discovery of any living thing per se.
(e)Discovery of non–living substance
occurring in nature
According to Sec 3 of the Patent Act, 1970

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Inventions which are not Patentable
(g) The mere discovery of a scientific
principal or formulation of an abstract
theory, e.g. Raman effect and Theory of
Relativity cannot be patented.
(h) Substance obtained by mere admixture
resulting only in the aggregation of the
properties of the components thereof or a
process for producing such substance.
(i) Inventions which are Traditional
Knowledge or an aggregation or
duplication of known properties of
traditionally known component or
components.
Continue…..

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Inventions which are not Patentable
(k) Any process for medicinal, surgical,
curative, prophylactic, diagnostic,
therapeutic or other treatment of human
beings or a similar treatment of animals to
render them free of disease or to increase
their economic value or that of their
products.
(l) Mere arrangement or re-arrangement or
duplication of known devices, each
functioning independently of one another in
a known way
Continue…..

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Inventions which are not Patentable
(m) A method of agriculture or horticulture. For
example, the method of terrace farming cannot
be patented.
(n) Plants & animals in whole or any part thereof
other than micro- organisms, but including seeds,
varieties and species and essentially biological
process for production or propagation of plants
& animals.
(o) Computer programs per se have not been defined
in the Act but would generally tend to mean that
a computer program without any utility would
not be patentable. Similarly, topography of
integrated circuits is protected through yet
another different Act.
Continue…..

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Importance of Patenting
A patent gives the right to exclude others from making the same product.
The patent holder has time to market the invention exclusively without
competition on higher prices.
It gives the right for legal action against the person making or selling the
product without permission from the patent holder.
If the invention has market potential and one thinks that another
company could make profits from that invention, it needs protection as a
patent then a patent gives the right to exclude others from making the same
product.
The patent holder has time to market the invention exclusively without
competition on higher prices.
It gives the right for legal action against the person making or selling the
product without permission from the patent holder.

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Term of a Patent in the Indian System
 Five years from the date of sealing of the patent
or seven years from the date of the patent (i.e., the
date of filing the complete specification),
whichever period is shorter, for an invention
claiming the method or process of manufacture of a
substance, where the substance is intended or
capable of being used as a drug, medicine or food.
 Twenty years from the date of patent in respect
of any other patentable invention.

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1. To keep the patent in force, Renewal fee is to be paid every year.
2. The first renewal fee is payable for the third year and must be
paid before the expiration of the second year from the date of
patent.
3. If the patent has not been granted within two years the renewal
fees may be accumulated and paid immediately after the patent is
granted, or within three months of its record in Register of
Patents or within extended period of 9 months, by paying
extension fees of six month on Form 4, from the date of record.
4. If the renewal fee is not paid within the prescribed time, the
patent will cease to have effect. However, provision to restore the
patent is possible provided application is made within eighteen
months from the date of cessation.
Renewal and Restoration

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Essential Documents required for
filing a Patent Application
1. Application form in duplicate (Form 1).
2. Provisional or complete specification in
duplicate. If the provisional specification is filed,
it must be followed by the complete specification
within 12 months. (Form 2).
3. Drawing in duplicate (if necessary).
4. Abstract of the invention in duplicate.
5. Information & undertaking listing the number,
filing date & current status of each foreign patent
application in duplicate (Form 3)..

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6. Priority document (if priority date is claimed) in
convention application, when directed by the Controller.
7. Declaration of inventorship where provisional
specification is followed by complete specification or in
case of convention/PCT national phase application
(Form 5).
8. Power of attorney (if filed through Patent Agent).
9. Fee (to be paid in cash/by cheque/by demand draft)
(Schedule I).
(The cheque or demand draft should be payable to the "Controller of
Patents" drawn on any schedule bank at a place where the appropriate
office is situated).
Continue…..

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Location of Patent Offices
&
their Territorial Jurisdiction in India

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Patent Application to be file Abroad
A. If any application is to be filed abroad, without filing
in India, it should be made only after taking a written
permission from the Controller.
B. The request for permission for making patent
application outside India shall be made in Form-25
along with a fee of Rs 1000/- or Rs 4000/- for natural
person and other than natural person respectively.
C. A gist of invention should also be filed along with the
Form-25.

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