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MB0051 Unit 14 the Patents Act

MB0051 Unit 14 the Patents Act

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Published by: Sensorica Evanescere on Sep 19, 2011
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Unit-14-The Patents Act
 Structure:14.1 IntroductionObjectives14.2 Inventions not Patentable14.3 Applications for PatentsPersons entitled to apply for patents (Sec.6)Form of application (Sec.7)Information and undertaking regarding foreign applications (Sec.8)Provisional and complete specification (Sec.9)Contents of specification (Sec.10)14.4 Representation and Opposition Proceedings14.5 Provisions for Secrecy of Certain Inventions14.6 Grant of Patents and Rights Conferred Thereby14.7 Patents of Addition14.8 Restoration of Lapsed Patents14.9 Compulsory Licenses14.10 Suits Concerning Infringements of Patents14.11 Summary14.12 Terminal Questions14.13 Answers14.1 IntroductionIn the earlier units, you came to know about the law of Company act and informationrelated laws. In this unit you will study about the Patents Act.The Patents Act, 1970 extends to the whole of India. The objective is to protect theintellectual property rights of a person to whom the patent has been granted. The Actdescribes the procedure for the grant of patent and protects his rights againstinfringement. The Act came into force from21
September, 1970.
The 1970 Act was amended in 1999 and 2002 to meet India‟s obligations under the
Agreement of Trade Related Aspects of Intellectual Property Rights (TRIPs) which formspart of the agreement establishing the World Trade Organisation (WTO). The amendmentsprimarily focused on the obligations which came into force from 1
January 1995 (inrespect of amendments made in 1999) and obligations which came into force from1
January, 2000 (in respect of amendments notified in 2002).The Patents (Amendment) Act 1999 had, inter alia, provided for the modalities for a 10-year transition facility (which India had negotiated at the time of its accession to theWTO), commencing from January 1, 1995. As a consequence, the law was required to be
amended further in respect of India‟s obligations under the TRIPs Agreement, due from
January 1, 2005. Consequently, it was necessary to bring in the required amendments intime and as Parliament was not in session the President of India promulgated the Patents(Amendment) Ordinance, 2004 on December 26, 2004.ObjectivesAfter studying this unit, you should be able to:· Define patents· Describe application of patents· Explain provisions of secrecy of certain inventions· Describe lapsed patents restorationDefinitions and InterpretationsThe Act defines certain expressions used therein.
It includes an assignee of the assignee and the legal representative of adeceased assignee and references to the assignee of any person include references to theassignee of the legal representative or assignee of that person.
Budapest treaty:
It means the Budapest Treaty on the International Recognition of theDeposit of Micro-organisms for the purposes of Patent procedure done at Budapest on 28April, 1977, as amended and modified from time to time.India as joined the Budapest Treaty and its provisions are applicable to India.
It means the Controller General of Patents, Design and Trade Marks.
Convention application:
It means an application for a patent made by a foreign nationalof a convention country.
Convention country:
It means that country or a country which is member of a group of countries or a union of countries or an intergovernmental organization referred to as aconvention country in Sec.133.
Capable of industrial application:
In relation to an invention, means that the inventionis capable of being made or used in an industry.
Exclusive licence:
It means a licence from a patentee which confers on the licensee, oron the licensee and persons authorised by him, to the exclusion of all other persons
(including the patentee), any right in respect of the patented invention. And “exclusivelicensee” shall be construed accordingly.
Government undertaking:
It means any industrial undertaking carried on (i) by adepartment of the Government, or (ii) by a corporation established by a Central or StateAct which is owned or controlled by the Government, or (iii) by a Government company asdefined in Sec.617 of the Companies Act, 1956. It also includes the any institution which isfinanced wholly or for the major part by the government.
It means a new product or process involving an inventive step and capable of industrial application.
Inventive step:
It means a feature of an invention that involves technical advance ascompared to the existing knowledge or having economic significance or both and thatmakes the invents not obvious to a person skilled in that art.
International application:
It means an application for patent made in accordance withthe Patent Cooperation Treaty.
New Invention:
It means any invention or technology which has not been anticipated bypublication in any document or used in the country or elsewhere in the world before thedate of filing of patent application with complete specification, i.e., the subject matterhas not fallen in public domain or that it does not form part of the state of the art.
Opposition board:
It means an opposition board constituted under Sec.25 by thecontroller to examine the opposition to the patent granted and submit its report to thecontroller.
Patent cooperation treaty:
It means the patent cooperation treaty done at Washingtonon 19 June 1970 as amended and modified from time to time.
It means a patent for any invention granted under this Act.
Patent Agent:
It means a person for the time being registered under this Act as a patentagent.
Patented article and Patented process:
It mean, respectively, an article or process inrespect of which a patent is in force.
It means the person for the time being entered on the register as the granteeor proprietor of the patent.
Convention country:
The expression convention country is defined in Sec.133. It providesthat any country, which is a signatory to an international, regional or bilateral treaty,convention or arrangement to which India is also a signatory or party and which affords tothe applicants for patents in India or to citizens of India similar privileges as are grantedto its own citizens in respect of the grant of patents and protection of patent rights shallbe a convention country.Self Assessment Questions1. Application for a patent made by a foreign national is known as ________________.

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