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TOPIC :- INDIAN PATENT ACT 1970 & RECENT AMENDMENTS

INTRODUCTION:-
PATENT :- Patent word from Latin:
Patere - “to lay open”
(To make it available for public inspection)
 Patent is a grant from the government.
 A guarantee for limited period of time.
 The required privilege for making
a) Making
b) Selling
c) Using the invention
 A patent is a monopoly right to a person who has invented a new and
useful article or it is an improvement of an existing article or a new
process of making an article.
 A patent is not granted for an idea
 The term of every patent is 20 years and it maintain by paying the
renewal fees at every succeeding year.
 Patent is necessary
a) To encourage research and development.
b) Induces an inventor to disclose his invention.
c) Encourages technology development.
 Need of Patent
a) To protect the creativity of individual.
b) To reward the inventor.
c) To protect their invention from being copied.

THE INDIAN PATENT ACT 1970


 The Indian legislation which control the patents system.
 In India the grant of patents is governed by the patent act 1970 and
rules 1972 which is operative in the whole of India.
1. PRELIMINARY
 Short title, extent and commencement.
 This act may be called the Patents Act, 1970
 It extends to whole of India.
 It shall come into force on such date as the central Government may, by
notification in the official Gazette.

 Definitions & Interpretation.


 Assignee includes the legal representative of a deceased inventor.
 Invention means any new and useful art, process, method or manner
of manufacture machine, apparatus or other article, substance produced
by manufacture and includes any new and useful improvement.
 Legal representative means a person who in law represents the
estate of a deceased person

2. INVENTIONS NOT PATENTABLE


 Invention or Discovery
 Related to atomic energy.
 Based on traditional knowledge.
 Arrangement or rearrangement in a known way.
 Just a theory or based on known theory.
 Contrary to natural laws.
 Injurious to public health.

3. APPLICATIONS FOR PATENTS


 Provisional and complete specifications
 Complete specification within 12 months.
 Contents of specifications
 PROVISIONAL: Title & idea of invention.
 COMPLETE: title, abstract, full description, its utility, scope, diagram
etc.
 Priority dates of claims
 First to file (in India)
 First to document (in USA)

4. EXAMINATION OF APPLICATIONS
 Examination of application :
 After submission of complete specification.
 Search for anticipation by previous publication and
by prior claim:
 It is the duty of examiner to check applications.
 Consideration of report of examiner by controller:
 Controller analyse it and make gist of objection, send to applicant &
provide prescribed time to him to eradicate these objection.
Power of controller
 To refuse or require amended application in certain cases.
 To make order respecting division of application.
 To make order respecting dating of application.
 In cases of anticipation.
 In case of potential infringement.
 To make orders regarding substitution of applicants, etc.
 Time for putting application in order for
acceptance:
 An application for a patent shall be deemed to have been abandoned
unless within fifteen months from the date on which the first statement
of objections to the applicant by the controller.
 Acceptance of complete specification:
 Within 12 months from the date of filing of provisional application.
 Application for grant of exclusive rights:
 To sell or distribute article or substance in India.
5. OPPOSITION TO GRANT OF PATENT
 Opposition to grant of patent:
 Four months from date of advertisement of acceptance of complete
specification ( 1 month may exceed)

6. ANTICIPTION
 Previous publication
 Previous communication to Government
 Public display
 Public working

7. PROVISIONS FOR SECRECY OF CERTAIN


INVENTIONS
 To invention relevant for defence purposes
 Secrecy directions to be periodically reviewed:
 Within 9 months by central govt.
 Consequences of secrecy directions:
 Central govt. Provide him reward/payment.

8. GRANT AND SEALING OF PATENTS AND RIGHTS


CONFERRED THEREBY
 Grant and sealing of patent
 Application has been opposed and opposition has been finally decided in
favour of applicant.
 Amendment of patent granted to deceased
applicant
 Date of patent
 Every patent shall be dated as of the date on which the complete
specification was filed.
 Form, extent and effect of patent
 Every patent shall be in the prescribed form and have effect throughout
India.
 A patent shall be granted for one invention only.
 Grant of patents to be subject to certain conditions
 Any machine, apparatus or other article, process, medicine & drug.
 Rights of patent
 To make, use, exercise, sell or distribute the invention.
 Term of patent
 5 years- for food, drugs & medicine.
 14 years- for all other invention.

9. PATENTS OF ADDITION
 Patents of addition
 Any improvement in or modification of an invention which is not present
in complete specification.
 Terms of patents of addition
 Equal to the term of patents for the main invention.

10. AMENDMENT OF APPLICANTS AND SPECIFICATIONS


 Amendment of application and specification
before controller
 Amendment of specification before high court

11. RESTORATION OF LAPSED PATENTS


 Rights of patentees of lapsed patents which have
been restored
 Same right as given to original patentee.
12. SURRENDER AND REVOCATION OF PATENTS
 Surrender of patents
 A patentee may, at any time by giving notice in the prescribed manner
to the Controller, offer to surrender his patent
 Revocation of patent in public interest
 Where the Central Government is of opinion that a patent or the mode
in which it is exercised is mischievous to the State or generally
prejudicial to the public, it may, after giving the patentee an opportunity
to be heard, make a declaration to that effect in the Official Gazette and
thereupon the patent shall be deemed to be revoked.

13. REGISTER OF PATENTS


 Register of patents and particulars
 The names and addresses of grantees of patents.
 Notification of assignments
 Assignments
 Person registered as grantee

14. PATENT OFFICE AND ITS ESTABLISHMENT


 Patent office and its branch: Kolkata
 Branches: Delhi, Mumbai, chennai

15. POWERS OF CONTROLLER GENERALLY


 Controller have certain powers of a civil court
 Examination patentee
 Awarding cost
 Issuing commission for examination of witness of document
 Give extension of time in different provisions

16. WORKING OF PATENTS, COMPULSORY LICENCES,


LICENCES OF RIGHT AND REVOCATION
 Patented articles and patentee
 An article or process in respect of which a patent is in force.
 General Principles applicable to working of
patented inventions
 To encourage inventions
 Have commercial utility in India
 Compulsory Licences
 At any time after the expiration of three years from the date of the
grant of a patent, any person interested may make an application to the
Controller for grant of compulsory licence on patent.

17. USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT


AND ACQUISITION OF INVENTIONS BY CENTRAL
GOVERNMENT
 Use of invention for purposes of Government
 An invention is said to be used for the purposes of Government if it is
made, used, exercised or vended for the purposes of the Central
Government, a State Government or a Government undertaking.
 Acquisition of inventions and patents by the
central government
 Notice of the acquisition shall be given to the applicant, and, where a
patent has been granted, to the patentee and other persons, if any,
appearing in the register as having an interest in the patent.

18. SUITS CONCERNING INFRINGMENT OF PATENTS


 Power of court to make declaration as to non
infringement.
 Power of court to grant relief in case of groundless
threats of infringement proceedings.
19. APPEAL & PROCEDURE FOR HEARING APPEAL
 Appeal
 Every appeal under this section shall be in writing and shall be made
within 3 months from the date of the decision.
 Procedure for hearing appeal
 Every appeal shall be heard by a single judge of the high court

20. OFFENCES AND PENALTIES


 Offences
 Contravention of secrecy provisions relating to certain inventions
 Falsification of entries in register
 Unauthorised claim of patent rights
 Wrongful use of words patent office
 Offences by companies
 Penalties
 Imprisonment for a term which may extent to two years or with fine or
with both

21. PATENT AGENTS


 Register of patent agents
 Controller shall maintain a register.
 Contains names and addresses of all persons.
 Qualification of registration as patent agents
 Citizen of India
 Complete the age of 21
 Degree from any Indian University
 Advocate within the meaning of the advocates act 1961
 Passed qualification examination prescribed for the purpose
22. INTERNATION ARRANGEMENTS
 World Intellectual Property Organization (WIPO)
 World Trade Organization (WTO) 1995
 Paris Convention 1998
 Patent Cooperation Treaty(PCT) 1998
 Budapest Treaty 2001

23. MISCELLANEOUS
 Avoidance of certain restrictive conditions
 Fees
 Restriction upon publication of specifications
 Reports of examiners to be confidential
 Publication of patented inventions
 Evidence of entries, documents etc.
 Service of notices etc. By post
 Security for costs
 Power of high courts to make rules
 Power of central govt. To make rules
 Loss of patents
 Information related to patents

RECENT AMENDMENTS
 An overview of amendments (2005)
 Product patent
 New use of existing pharma products
 Patentability of software
 EMRs eliminated
 Oppositions
 Compulsory licensing
 Infringements
 Mail-box application
 Pharmaceutical substances
 Indian filing compulsory
 Fast track granting introduced