Presentation on Patents Act-1970 New

7/31/2019 Presentation on Patents Act-1970 New

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Indian Patents Act-1970++++++++++++++++++++++++++++++++++++


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What is Patent ?

A grant of some privilege, property or authoritymade by the Government or the sovereign of thecountry to one or more individuals.

Patents for inventions and not for discoveries.

Patent" means a patent granted under this Act

and includes for the purposes of sections 44, 49,50, 51, 52, 54, 55, 56, 57, 58, 63, 65, 66, 68, 69,70, 78, 134, 140, 153, 154, and 156 and ChaptersXVI, XVII and XVIII, a patent granted under theIndian Patents and Designs Act, 1911;


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Objective of Patent

To encourage inventions by promoting theirprotection and utilizations as to contributethe development of industries, which in turn,

contributes to the promotion of technologicalinnovations and to the transferee anddisseminations of technology.


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Exclusive Marketing Rights

Patents Act 1970 modified to Patents(Amendment) Act 1999 and a new chapter insertedwith retrospective effect from 1-1-1995.

This chapter deals with exclusive marketing rightto sell or distribute an article or substance inIndia.

Generally granted for medicines or drugs.


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Exclusive Marketing RightsAll medicines for internal or external use of humanbeing or animalAll substances intended to be used for thediagnosis, treatment or prevention of diseases.All substances intended to be used for the

maintenance of public health or control of epidemicdiseasesInsecticides, germicides, fungicides, weedicidesand all other substances intended to be used forprotection or preservation of plantsAll chemical substances which are intermediates inthe preparation of manufacture of any medicinesor substances.


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Grant of Exclusive Rights

Where an invention has been made in India or anyother country, and an application is made on orafter 1-1-1995.

Where the claim for process patents for theinvention has been made on or after 1-1-1995.


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Procedure for obtaining Patent

Submission of applicationExamination of applicationAdvertisement of acceptance of completespecificationOpposition to grant of Patent to the applicantHearing of the partiesGrant and sealing of the Patent.


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Rights to patentee

To exploit the patentTo license the patent to anotherTo assign the patent to anotherTo surrender the patentTo sue for infringement of the patentRight before sealing but after acceptance of thespecification.


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Exceptions and Limitations on theRights of a Patentee

Government use of patentCompulsory Licences

Use of inventions for defense purposesRevocation for non working of PatentsLimitation on restored Patents.


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Powers of Government to use Invention

Importation of an invention, being a machine,apparatus or other article for merelyGovernments own use

Importation of medicine for distribution to anydispensary, hospital or other medicalinstitutionsIf such use has been before claim, governmentshall not pay any royaltyIf the patented product is a medicine or a drugthe royalty shall not exceed 4 % of the net exfactory sale price


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Acquisition of Invention and Patentby the Central Government.

For public purpose or betterment.May give notice of acquisition to the

applicantCompensation may be paid as agreed. Incase of dispute, High court willdetermine the compensation.


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Government use of invention withoutpayment of Royalty when?

When the government imports or makes or usesany machine, apparatus, or article or anyprocess involved in using or distributing the

same.When invention has been used by governmentbefore the claim of patentWhen government makes import or uses it forits personal use


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Compulsory Licences

Granted at any time after expiration of three years from the date of sealing of patent.Application made to the controllerCentral government may declare in official GazetteWhen reasonable requirements of the public withrespect to the patented invention have not beensatisfiedWhen the patented invention is not available at areasonable price.


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Patentable InventionA new product or process, involving an inventive step

and capable of being made or used in a an industry.The invention to be patentable should be technical innature and should meet the following criteria

Novelty: The matter disclosed in the specification isnot published in India or elsewhere before the dateof filing of the patent application in IndiaInventive step: The invention is not obvious to aperson skilled in the art in the light of the priorpublication/knowledge/ document.

Industrially applicable: Invention should possessutility, so that it can be made or used in and industry


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What is not PatentableThose inventions which are injurious to public healthor violate public morality or public interest.

New method of agriculture or horticulture

A process of treatment of human beings, animals orplants cannot be Patented.


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Application for PatentsPersons entitled to apply for patents:1.) By any person claiming to be the true and first

inventor of the invention;

2.) By any person being the assignee of the personclaiming to be the true and the first inventor inrespect of the right to make such an application;

3.) By the legal representative of any deceasedperson who immediately before his death was

entitled to make such an application;An application under sub-section (1) may be madeby any of the persons either alone or jointly withany other person


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Continue.Every application for a patent shall be for oneinvention only and shall be made in the prescribedform and filed in the patent office

Every application shall state that the applicant is inpossession of the invention and shall name the that

owner claiming to be the true and first inventor; andwhere the person so claiming is not the applicant orone of the applicants, the application shall contain adeclaration that the applicant believes that person sonamed to be the true and first inventor.

Every such application shall be accompanied by aprovisional or a complete specification


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Complete SpecificationsIt is an essential document in the filing of patentapplication along with the drawing to be attachedaccording to the necessity.

Complete specification shall fully describe theinvention with reference to drawing, if required,disclosing the best method known to the applicant andend with Claim/Claims defining the scope ofprotection..

The specification must be written in such a mannerthat person of ordinary skill in the relevant field, towhich the invention pertains, can understand theinvention.


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Continue.Normally, it should contain the following matter-

1) Title of invention,2) Field of invention,3) Background of invention with regard to the

drawback associated with known art,4) Object of invention,5) Statement of invention,6) A summary of invention,7) A brief description of the accompanying drawing,8) Detailed description of the invention with

reference to drawing/examples,9) Claims,10) Abstract.


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Examination of ApplicationNo application for patent will be examined if no request

is made by the applicant or by any other interestedperson in Form-18 with prescribed fee. Completespecification is subject to examination for following

mattersWhether the application and the specification are inaccordance with the requirements of this actWhether there is any lawful ground of objection tothe grant of the patent under this act.The examiner shall then make the report to thecontroller within a period of eighteen months fromthe date of such reference.


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Opposition proceedings to grant of Patents

Representation may be made on the following groundsThe applicant for the patent or the person under orthrough whom he claims, wrongfully obtained theinvention

The invention so far as claimed in any claim of thecomplete specification has been published before thepriority date of the claimThe invention claimed in any claim of the completespecification was publicly known or publicly used inIndia before the priority date of that claim.


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Continue.The invention claimed is obvious and clearly does notinvolve any inventive step, with regard to the matterpublished or to what was used in India before thepriority date of the application

The complete specification does not sufficiently andclearly describe the invention or the method by whichit is to be performed;


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Continue.The applicant has failed to disclose to the Controllerthe information required by section 8 or hasfurnished the information which in any materialparticular was false to his knowledge;

In case of convention application, the application wasnot made within twelve months from the date of thefirst application for protection for the inventionmade in a convention country


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Continue.The complete specification does not disclose orwrongly mentions the source or geographical origin ofbiological material used for the invention;

The invention so far as claimed in any claim of thecomplete specification is anticipated having regard tothe knowledge, oral or otherwise, available within anylocal or indigenous community in India or elsewhere,but on no other ground.


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10/25/2012

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