Conditions to be patentable

An invention must satisfy the following three conditions of:

Novelty
• The patenting invention should be novel or a satisfy -able improvement in old
patents.
• Information related to patents should be disclosed to public and should be
available in prior

Inventiveness
• A patent should be inventive
• It should be decided on the material contained in unpublished patents. The
complexity or the simplicity of an inventive step not have any bearing on the
grant of a patent.

Usefulness
• An invention must possess utility for the grant of patent
• No valid patent can be granted for an invention devoid of utility
 Where to Apply?
• A patent application can be filed online or
offline at respective patent offices which has
specific territorial jurisdiction
• Territorial jurisdiction is decided by place of
residence of applicant or place of invention or
address of a office given by foreign applicant
 Where to apply?
Patent office Territorial Jurisdiction

Mumbai Gujarat, Maharashtra, MP, Goa,

UT’s daman & Diu, Dadra &
Nagar Haveli
Delhi Haryana, HP, J&K, Punjab,
Rajasthan, UP, NC Delhi,
Chennai AP, Kerala, Telangana, TN, PY,
Lakdives
Kolkata (Head office) Rest of India
Where to Apply?
Hierarchy of patent office in India
Controller General of Patents,
Designs, Trademarks & GI

Assistant Controller of patents &

Designs

Deputy Controller of Patents &

Designs

Joint Controller of Patents & Designs

Senior Joint Controller of patents &

Designs
Examiners of
Patents and
Designs
Patenting in India
Patenting in India
Some Statistics
Some Statistics
 Compulsory patenting
• CL are made to prevent the abuse of patents as
monopoly & to make way for commercial
exploitation of the invention
• Any person can make an application for grant of CL. It
is given for a term of 3 yrs
• Cl is given for requirements of public, if product not
available for reasonable price, if patented work is not
in territorial jurisdiction of India
 CL maybe granted under certain specific
circumstances such as:

• Where a dependent patent is blocked;

• Where a patent is not being worked;
• Where the invention is of public interest such as foods
or medicines and other essential commodities.
• An export market is not being supplied; or
• The working of any other patented invention which
makes a substantial contribution is prevented; or
• The establishment of commercial or industrial activities
in the country is unfairly prejudiced
 Govt.’s Supreme Power
• Any patent issued by India can be used by gov. for its
purpose with a order
• If gov. uses an invention before patenting it in India
no royalty need to be paid to patentee. Otherwise an
agreement on royalty is made by Gov. and party in
HC
• Gov. can also undertake any patents if its contrary to
public interest of gov or policies
Competition Policy of India
• Competition Act, 2002- a succesor of
The Monopolies and Restrictive Trade
Practices Act, 1969 (MRTP)
• the prohibition of the anti-competitive
practices and agreements by way of
exerting dominance and abusing this
right relates directly to the Agri-
biotechnology community in India
• Prohibition of terminator or the generic
use restriction technologies (GURT) by
Section 4 of CP Act 2002, DBT issued a
circular for banning GURT based on this
act
 Competition Policy of India
Monsanto: the Microsoft of Agriculture
• Bt gene developed & patented by Monsanto was sold in
India at Rs.900 for 450gms of seeds
• MRTP Commission was approached to investigate on
2006 and found that ‘commodity is overpriced’
• followed by various state governments imposing price
controls under the Seed Control Order under Essential
Commodities Act
• SC of India has not considered it fit to interfere with the
orders of the MRTP Commission.
Plant Variety & Farmer’s Rights Act, 2001

• Provide for the establishment of an

effective system for protection of plant
varieties, the rights of farmers and plant
breeders and to encourage the
development of new varieties of plants
• Ensures high quality seeds for farmers
• Respects activities of natural breeding
and selection by farmers and ensure the
rights of farmers
• Protect plant breeders right and thus
boost development of new variety of
palnts
Plant Variety & Farmer’s
Rights Act, 2001
Duration of protection
• For trees and vines – 18 yrs.
• For other crops - 15 yrs.
• For extant varieties - 15 yrs
Exemptions
• Farmers’ Exemption:
Farmer shall be entitled to
produce, save, use, sow, re-
sow, exchange, share or sell his
farm produce including seed of
a variety protected under this
Act.
• Researcher’s Exemption:
(i) the use of registered variety
for conducting experiment.
(ii) the use of variety as an
initial source of variety for the
purpose of creating other
varieties
PPV & FR AUTHORITY, INDIA
• The authority regulates plant registration in India
• A plant variety (not wild) can be registered as a new variety
or as transgenic variety or extant variety
• Registration can be done by farmer, breeder, research
institutes, University
• Registration can be done by sending Seeds, Leafs, Live plants
or propagating material to regional or head office of
authority
• The seed samples received by the Authority will be properly
tested for its purity and germination.
• A part of the seed sample will be sent to the test centre for
conduct of tests
• A part of it will be kept by the Authority in the National Gene
Bank to maintain the seed samples of the registered varieties
for their entire period of protection
• Authority issues specific guidelines to test each variety of
plant
• Comprises Chairman, commissioner, registrar, assistant
registrar