Professional Documents
Culture Documents
GULAM RAFEY
SATYAJEET SINGH
PSIT, Kanpur
Intellectual Property refers to creation of mind i.e.
inventions, industrial designs for article, literary &
artistic work, symbols etc. Intellectual property can
include
Patents
Trade marks
Copyright
Trade secrets
Geographical indications, etc..
A patent is a set of exclusive rights granted
by a state (national government) to an
inventor or their assignee for a limited
period of time, excluding others from
making, using, selling, importing the
patented product or process producing that
product for these purposes.
To encourage inventions by promoting
their protection and utilization so as to
contribute to the development of
industries, which in turn, contributes to the
promotion of technological innovation and
to the transfer and dissemination of
technology.
The first patenting related act in India was passed
in 1911 by the name of Patents and Designs Act, 1911.
Later after independence the Patents Bill was
unsuccessfully introduced before the Parliament in
1949 & 1965 and finally the bill was passed in the year
1970 and the act came into force on 20th April 1970.
The Patent System in India is governed by the
Patents Act, 1970 (No. 39 of 1970) and the Patents
Rules, 2003.
The patents act has been amended several times
in 1974, 1985, 1999, 2002 and in 2005 and the rules
have been amended in 2006.
A few important aspects of the Patents
amendment act 2002 are mentioned below
Hastening the process of patent grant, a
patent is granted within approximately two
years of filing an application.
The inventor had to fill a declaration of
inventorship.
The amendment also made the Indian
patent act GATT compatible.
Some of the major features of the Patents
amendment act 2005 are
Emphasis on Indigenous manufacturers
Both pre-grant and post-grant opposition avenues
In order to prevent "ever greening" of patents for
pharmaceutical substances, provisions listing out
exceptions to patentability have been suitably
amended so as to remove all ambiguity as to the
scope of patentability.
Product patent has been included in all fields of
technology (that is drugs, food and chemicals)
The following criteria must be met by a
product to be patentable.
Novelty:- The matter disclosed in the
specification is not published in India or
elsewhere before the date of filing of the
patent application in India.
Inventive step:- The invention is not obvious
to a person skilled in the art in the light of the
prior publication/knowledge/ document.
Industrially applicable :-The invention must
have industrial applicability
The following are Non-Patentable inventions within the meaning of the Act:
An invention which is frivolous or which claims anything obviously contrary to
well established natural laws.
An invention the primary or intended use or commercial exploitation of which
could be contrary to public order or morality or which causes serious
prejudice to human, animal or plant life or health or to the environment.
The mere discovery of a scientific principle or the formulation of an abstract
theory (or discovery of any living thing or non-living substances occurring in
nature).
The mere arrangement or re-arrangement or duplication of known devices
each functioning independently of one another in a known way.
A method of agriculture or horticulture .
Any method of performing a mental task or playing a game.
Inventions pertaining to Atomic energy
Computer programs
Plants and animals in whole or any part thereof other than microorganisms
but including seeds, varieties and species and essentially biological
processes for production or propagation of plants and animals.
A literary, dramatic, musical or artistic work or any other aesthetic creation
whatsoever including cinematographic works and television productions.
A presentation of information.
Head Office – Kolkata
Branch offices at
Mumbai
Delhi
Chennai
The Patent Office comes under the Ministry
of Commerce & Industry.
Each of the branch offices have their own fixed
territory and accept application forms from
areas lying within its geographical limits.
An application for a patent may be submitted by:
1. Any person claiming to be the true and first
inventor of the invention.
2.Any person being the assignee of the person
claiming to be the true and first inventor in
respect of the right to make such an
application.
3.By the legal representative of any deceased
person who immediately before his death was
entitled to make such an application.
Application Form in duplicate (Form 1)
Provisional or Complete Specification (Form 2) In case of
provisional specification the complete specification
must be filed within 12 months.
Drawing in duplicate if necessary
Abstract of invention in duplicate
Information of Undertaking listing the no., filing date &
current status of each foreign patent application. (form
3) in duplicate
Priority Document
Declaration of Inventorship (form 5)
Power of Attorney if filed through patent agent (form 26)
Fees to be paid in Cash/ Cheque/ DD.
Type of patents:- Four types of patents are
granted under the patents Act 1970.
Ordinary patents
Patents of addition
Convention application with priority date,
claiming on the basis of filing in convention
countries
National phase applications
The patentee may apply in prescribed format
for the grant of a patent of addition for the
improvement in an existing patented product
or a process.
The patents of addition are granted
in accordance with section 54, such a patent
of addition can’t be granted before grant of
the patent for the main invention. The patent
of addition exists for the period for which the
main patent exists.
Every application for a patent shall be for one invention
only and shall be made in the prescribed form and filed in
the patent office.
Every application under this section shall state that the
applicant is in possession of the invention and shall name
the owner claiming to be the true and first inventor; and
where the person so claiming is not the applicant or one
of the applicants, the application shall contain a
declaration that the applicant believes the person so
named to be the true and first inventor.
Every such application (not being a convention
application) shall be accompanied by a provisional or a
complete specification
PROVISIONAL AND COMPLETE SPECIFICATION
IPC Class Class title Total No. of patents Total No. of Indian patents
A01B Soil working in agriculture or forestry 11 11
agriculture machines or implements
A01C Planting, sowing, fertilizing 15 10