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Dr.Shakuntala Misra National Rehabilitation

University

PROJECT ON

Meaning Development And Scope Of Patent

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SUBMITTED TO

Dr. SANDEEP MISHRA

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SUBMITTED BY :

Mahendra Pratap Rathaur

ROLL NUMBER

Semester 5, Batch 2018-19

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CONTENTS

1. Introduction Page 4

2. Meaning Of Patent
Page 4

3. Development Page 5

4. Current Position Page 7

5. Types of Patents Page 8

6. Scope of Patent Page 8

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ACKNOWLEDGEMENTS

First and foremost, I am thankful to Dr. SANDEEP MISHRA

for allotting me the topic “Meaning Development And Scope Of Patent”.

He has been very kind in providing inputs for this work, by way of

suggestions and materials.

I would also like to thank my dear colleagues and friends in the

University, who have helped me with ideas about this work. Last, but not

the least I thank the University Administration for equipping the

University with such good library and internet facilities, without which,

no doubt this work would not have taken the shape in correct time.

Mahendra Pratap

ROLLNO
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Introduction:
The Patents Act 1970, along with the Patents Rules 1972, came into force on
20th April 1972, replacing the Indian Patents and Designs Act 1911. The
Patents Act was largely based on the recommendations of the Ayyangar
Committee Report headed by Justice N. Rajagopala Ayyangar. One of the
recommendations was the allowance of only process patents with regard to
inventions relating to drugs, medicines, food and chemicals.

Later, India became signatory to many international arrangements with an

objective of strengthening its patent law and coming in league with the
modern world. One of the significant steps towards achieving this objective
was becoming the member of the Trade Related Intellectual Property Rights
(TRIPS) system. .

Significantly, India also became signatory of the Paris Convention and the
Patent Cooperation Treaty on 7th December 1998 and thereafter signed the
Budapest Treaty on 17th December 2001.

Meaning Of Patent

Patents are one of the oldest forms of intellectual property protection. The
basic aim of a patent system is to encourage economic and technological
development by rewarding individual creativity and/or intellectual. A patent
under the act is a grant from the government to inventors, for a limited period
of time, the exclusive right to make, use, exercise, and vend the invention.

As per Trade Related Intellectual Property Rights (TRIPS), Article 33, the
periods of patent is 20 years from the date of filing of the application for a
patent. At the end of patent period, the government publishes the invention
and it becomes part of the public domain.
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In other words, after the expiry of patent period the public can make use of the
patent. As part of the public domain it is assumed that the disclosure of patent for
public will stimulate ideas and perhaps even the development of an even better
product that could replace the original.

Patents as one’s exclusive property rights can be sold, transferred, willed, licensed,
or used as collateral much like other valuable assets. In fact, most independent
inventors do not commercialise their inventions or create new products from their
ideas, instead, they sell or license their patents to others who have the resources to
develop.

To quote one such case, the Coca-Cola formula was developed by a compounder. He
could not commercialise it due to lack of required resources. He sold it to a doctor
who commercialised ‘the Coca Cola formula’. Patent history is replete with such
examples.

Development

Being a signatory to TRIPS, India was under a contractual obligation to

amend its Patents Act to comply with its provisions. India had to meet the first
set of requirements on 1st January 1995 to give a pipeline protection till the
country starts granting product patent.

On 26th March, 1999, Patents (Amendment) Act, 1999 came into force
retrospective effect from 1st January, 1995. The main amendments are as
follows:

i. Section 5(2) was introduced which provides for filing of applications for
patent in the field of drugs, medicines and agro-chemicals. These
applications were kept pending in the mailbox or black box. This
mailbox was to be opened on 1st January 2005.
ii. Provision of Exclusive Marketing Rights (EMR) was brought in by
way of Chapter IV A. Thus, pipeline protection was provided for
pharmaceutical and agro-chemical manufacturers whose applications for
product were lying in black box.
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iii. Section 39 was omitted from the Act, thereby enabling the Indian
residents to file the applications for in an outside India simultaneously.
iv. Chapter II (A) was inserted in the Indian Patent Rules dealing with
International Applications under PCT.

The second phase of amendment was brought in by the Patents (Amendment)

Act, 2002 which came into force on 20th May 2003. The main features of the
amendments included:

i. Term of patent was extended from 14 to 20 years, wherein

the date of patent was the date of filing of complete
specification. Also the difference in term of a drug/food
patent and other patent was removed.

ii. The definition of "invention" was made in conformity with

the provisions of TRIPS Agreement by introducing the
concept of inventive step, thereby enlarging the scope of
invention.

iii. Deferred examination system was introduced.

iv. Introdutcion of the provision of publication of application

after 18 months from the date of filing thereby bringing India
at par with the rest of the world.

v. Microorganisms became patentable, whereas inventions

relating to traditional knowledge were included in the list of
"what are not inventions".

vi. The concept of unity of invention in accordance with EPC

and PCT.

vii. Section 39 was reintroduced thereby prohibiting the

Indian residents to apply abroad without prior permission or
first filing in India.
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viii. Provisions of Appellate Board were brought in by

inserting section 116. All appeals to the decision of the
Controller would be appealable before the Appellate Board.
The Head Quarter of the Appeallate Board is to be in
Chennai.

ix. Section 117 provided for Bolar provision for the benefit of
agrochemical and pharmaceutical industry.

The third and final amendment to the Patents Act, 1970 came by way of
Patents (Amendment) Ordinance, 2004, which was later replaced by The
Patent (Amendment) Act, 2005, and Patents (Amendment) Rules, 2006 with
retrospective effect from 1st January, 2005. With the third amendment India
met with the international obligations under the TRIPS. Significant
achievements of this amendment were:

i. Deletion of section 5, opening of mailbox and grant of product patents.

Thus this amendment led to the dawn of the "product patent regime" in
India.
ii. Abolition of Exclusive Marketing Rights (EMR).

Current Position:
The present Indian position in respect of patent law is governed by the
provisions of the Patents Act, 1970 as amended by the Patents (Amendment)
Act, 2005 (hereinafter referred to as the Act) and Patents Acts Rules, 2006
(hereinafter referred to as the Rules)

The Head Patent Office is located at Kolkata and its branch offices are located
at Delhi, Mumbai and Chennai. Patent system in India is administered by the
Controller General of Patents, Designs, Trademarks and Geographical
Indications. Each office has its own territorial jurisdiction for receiving patent
applications and is empowered to deal with all sections of Patent Act.

The jurisdiction for filing the patent application depends upon:

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i. Indian applicant(s): determined according to place of residence, place of

business of the applicant or where the invention actually originated.
ii. Foreign applicant(s): determined by the address for service in India.

Types of Patents
There are three types of patents:

Utlity patents - issued for any process, machine, article of manufacture, or

compositions of matters, or any new useful improvement. In general, this type
of patent protects the way an item is used or works. For example,Golf Club
Head.

Design patents - issued for a new, original, and ornamental design for an
article of manufacture. In general, this type of patent protects the appearance
of an item. For example, Eyeglasses.

Plant patents - issued for asexually reproduced, distinct, and new variety of
plants. For example, Lavender plant named ‘Belpur’.

Scope of Patent;
A Patent is a grant (in the form of a document) by the Government, given for
disclosing a new invention by an Inventor or a group of Inventors or otherwise
an applicant. Once the Patent is issued, it gives to the Inventor or the
applicant, as the case may be, an exclusive right to sell, manufacture and use
the invention disclosed in the Patent. The legal exclusive right in the Patent
can be exercised by the Inventor/ applicant only in the country which grants
the right. This right can be exercised only for a limited period of time,
normally known as the ‘Term of the Patent’. Therefore, on the expiry of the
Term of the Patent, the invention becomes a public property.

Patent vis-à-vis Property Rights.- A Patent is akin to a property, like a car,

a house or a business. When one receives a Patent, the person would have
achieved something that few have accomplished. Therefore, securing a Patent
is an achievement worthy of celebration. When someone infringes the Patent
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of others, it is similar to the act of stealing somebody’s car, house or business.

For the term prescribed under the Patents Act, 1970, the legal rights under the
Patent are the property of the Patent Holder, provided the Patent is in force,
meaning that the prescribed renewal fees are paid within the prescribed
period.

Rights vested on the Patentee.- Patent represent one of the most powerful
Intellectual Property Rights. These rights can be a very important economic
tool if used effectively and diligently. For instance, Patent rights can bring a
substantial income through the manufacture or licensing of the invention
covered in the Patent. Patent also represents a long-term security. Patent
provides a right to the Patentee to prevent a third party from commercially
using the patented invention without the permission of the Patentee.

Role of Patents.- Patent gives the Patentee the right to take legal action to
prevent others from commercially exploiting the patented invention in the
country which grants the Patent without the permission of the Patentee
(Proprietor). The grant of a Patent for an invention however does not
guarantee the merit of the invention disclosed therein. The country that grants
the Patent does not guarantee the legitimacy of the Patent. The Government
does not give any financial or any other award/assistance to the
Inventor(s)/Patentee(s) along with the grant of the Patent. It is left to the
Patentee to commercially exploit the Patent and make profit from it.

Objective of securing a Patent.- It is commonly believed that securing a

Patent automatically brings in Wealth and Prosperity. This is not correct.
Securing a Patent is only one aspect of the process that may lead to success if
one is able to commercially use the invention. Though each invention is
different but the objectives of securing a Patent protection for the inventions
are basically the same, they are: –

To make money.- One has to evaluate the invention and its potential to be
converted into wealth. –

To gain security.- It is required to protect the invention from any

unauthorized commercial use. –
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To gain knowledge.- Learning the patenting process is easy and when

mastered, it can save one from substantial professional charges. Furthermore,
through the knowledge thus gained one can extend the life of the Patent and
consequently the earnings from it. –

To have fun.- Patenting can be an enjoyable exercise because it motivates one

to innovate new things and to make them succeed.

Therefore, the success of a Patent would depend upon the actions taken by the
Patentee. Although the basic purpose of granting a Patent is to encourage
inventive activities, in practice, this system is formulated and revised from
time to time in the context of political, socio-economic and industrial
environment of a nation, so as to safeguard the interests of the nation.

CONCLUSION
Patent law is the branch of intellectual property law that deals with new
inventions. Traditional patents protect tangible scientific inventions, such as
circuit boards, car engines, heating coils, or zippers. However, over time patents
have been used to protect a broader variety of inventions such as coding
algorithms, business practices, or genetically modified organisms. Considering
the significance of Patents and its positive image for the successful enterprises,
there is a plethora of international treaties and national laws to regulate the
process and operation of Patents worldwide
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Bibliography

www.jagranjosh.com
www.google images.com
Intellectual Property Rights by Prabuddha Ganguli