SYNOPSIS

OF THE SUBJECT
INTELLECTUAL PROPERTY RIGHTS- II
ON THE TOPIC
DIFFERENCE BETWEEN INDIAN AND U.S. PATENT
SYSTEM

Submitted to: MR. Vikas Bhati,

Faculty in Law,
Dr. RMLNLU, Lucknow

Submitted by: Yogendra Pratap Singh

Roll no.158
VII Semester.

IntroductionThe first US Patent statute was enacted with the object entitled An Act to
promote the Progress of Useful Arts. It was a short Act that contained seven
sections and specified the basic requirement to include any useful art,
manufacture, engine, machine or device, or any improvement therein not before
known or used. The power to grant patents for terms of up to fourteen years for
inventions that were "sufficiently useful and important" was vested with the
Patent Office provided that the grantee submitted a specification describing the
invention to the Secretary of State at the time of the grant.
Indias patent law dates back to nearly 150 years. The 1856 Act was known as the
Act VI of 1856 on protection of inventions and was based on the British Patent
Law of 1852. This Act granted certain exclusive privileges to the inventors of new
inventions for a period of 14 years. This Act was later repealed and The Patents
and Designs Protection Act was formally made public in 1872. This Act was
amended from time to time. It was changed to The Protection of Inventions Act
in 1883 and in 1888 this was changed to The Inventions and Designs Act.
Finally, in 1911 The Indian Patents and Designs Act was promulgated. After
India gained independence in 1947, it still followed the old British Law. It was
only in 1965 when a patent bill was placed before the Parliament and was passed
as the Indian Patent Act of 1970. The Act came into force on April 20, 1972. This

Act was further amended in 1999 and the Patents (Amendment) Act, 1999 got
assent of the President on March 26, 1999.

Research MethodologyThe research applied in this project is both doctrinal and non-doctrinal in nature.
The doctrinal research portion deals with the various definitions and explanations
provided in the topic. Due to the paucity of written material in book form, the
majority of the doctrinal research would comprise of the material collected from
web-sources.
The non-doctrinal approach applied in this project deals with experiences and
views of academicians, research scholars and teachers.

Literature ReviewNational Patenting and Legal Aspects in India and its comparison with EU and
US systems and procedures- Amarjit Singh, Managing Partner Amarjit &
Associates.
The Patent System of India- An Article, written by- Rajeev Singhal, Chief
Innovation Manager, GIAN-North, Jaipur
http://indiapatents.blogspot.in/2009/06/patent-classification-system.html
www.lorandoslaw.com/Publications/Changes-in-Indias-PatentLaw.shtml
www.finnegan.com/USPatentLitigationAPrimerforIndianCompanies/
www.hg.org/article.asp?id=4995

Chapterization-

Introduction
Indian Patent System
Patent System of U.S.
Similarity between both the Systems
Differences between both the systems
Conclusion

Statement of ProblemHere in this project I am dealing with Indian And U.S.s Patent System, Their
diffence, Similarity And Procedures as well. Statement of Problem in this Project
is How the US system of Patent is different from Indian one.

HypothesisThe

Hypothesis

of

this

project

is-

How much difference is there in the Patent System of U.S. And India.
And what steps we need to take for arising problems because of different patent
systems in various countries.