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SEMINAR PRESENTATION

ON
INDIAN PATENT ACT

PRESENTED BY-: MADHAVI TRIPATHI


(2015063119 )
CENTRE FOR MANAGEMENT STUDIES

MADAN MOHAN MALAVIYA UNIVERSITY OF TECHNOLOGY, GORAKHPUR


Introduction

Intellectual property
According to world intellectual property organisation Intellectual property (IP) refers to creations of the mind,
such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

Intellectual Property Rights


The exclusive right granted by State, to prevent others from using, manufacturing, distributing - inventions,
processes, applications, new and original designs, trademarks, new plant varieties, data bases and artistic and
literary works. Such a person is known as rights owner or rights holder.
Contd

Intellectual property right as a collective term includes the following independent IP rights which can be
collectively used for protecting different aspects of an inventive work for multiple protection:-
Patents
Copyrights
Trademarks
Registered (industrial) design
Geographical indication
Protection of undisclosed information
Indian patent act History

The Indian patent laws were first introduced in 1856,these were modified from time to time.

New patent laws were made after the independence in the form of the Indian patent act 1970.

The act has now been radically amended to become fully compliant with the provisions of Trade-Related
Aspects of Intellectual Property Rights (TRIPS).
The most recent amendments were made in 2005 which were preceded by the amendments in 2000 and 2003.
Patent

Designed by Thomas Jefferson in 1790 to provide a brief legal monopoly to give the inventor an opportunity to
get the invention into the market and recoup development costs before competitors entered the market.

Section 2(m) of the Indian Patents Act, 1970 defines Patent as Patent means a new product or process
involving an inventive step and capable of industrial application.
What can be patented?

In order to be patentable , an invention must pass four tests;


1. The invention must fall into one of the five statutory classes: Processes, Machines , Manufactures
Compositions of matter, and New uses of any of the above
2. The invention must be useful
3. The invention must be novel
4. The invention must be nonobvious
Invention

Sec.2(1)(J)
Invention means a new product or process involving an inventive step and capable of industrial application.
New invention means any invention or technology which has not been anticipated by publication in any
document or used in the country or elsewhere in the world before the date of filing of patent application with
complete specification.
Novelty

An invention will be considered novel if it does not form a part of the global state of the art.

Information appearing in magazines, technical journals, books, newspapers constitute state of prior art.

Oral descriptions of the inventions in a seminar or conference can spoil novelty.

Prior use of the invention in the country of the interest before the filing date can destroy the novelty.
Patentable Invention

A new product or process, involving an inventive step and capable of being made or used in an industry. It
means the invention to be patentable should be technical in nature and should meet the following criteria

i) 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.

ii) Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior
publication/knowledge/ document.

iii) Industrially applicable: Invention should possess utility, so that it can be made or used in an industry
Non Patentable Inventions

1. Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 are not patentable
Example: Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite,
Lithium and more as notified by Central Govt. from time to time.

2. 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.
Example: Gambling machine, device for house-breaking,
Biological warfare material or a device, Onco- mouse case, embryonic stem cell , Terminator gene technology.
Stages from filing to grant of patent
Obtaining A Patent

File an application for patent

With one of the patent offices based on territorial jurisdiction of the place of office or residence of the
applicant /agent
Pay the required fee
Publication
Application is kept secret for a period of 18 months from the date of filing
In 19th month, the application is published in the official journal this journal is made available on the
website www.ipindia.nic.in weekly
Applicant has an option to get his application published before 18 months also
In that case, application is published within one month of the request.
Request for Examination
Application is examined on request
Request for examination can be made either by the applicant or by a third party
A period of 48 months, from the date of filing, is available for making request for examination

Examination
Application is sent to an Examiner within 1 month from the date of request for examination
Examiner undertakes examination with respect to
1. whether the claimed invention is not prohibited for grant of patent
2. whether the invention meets the criteria of patentability
Issue of First Examination Report
A period of 1 to 3 months is available to Examiner to submit the report to the Controller
1 months time available to Controller to vet the Examiners report
First Examination Report (FER) containing list of the objections is issued within 6 months
from the date of filing of request

Response from the Applicant


12 months time, from the date of issue of First examination report (FER), is available to the
applicant to meet the objections
If objections are met, grant of patent is approved by the Controller within a period of 1 month
Pre-grant Opposition
After publication, an opposition can be filed within a period of 6 months
Opportunity of hearing the opponent is also available.

Consideration of Pre-grant Opposition


After examining the opposition and the submissions made during the hearing, Controller may
Either reject the opposition and grant the patent
Or accept the opposition and modify/reject the patent application
This is to be done within a period of 1 month from the date of completion of opposition proceedings
Grant of a Patent
A certificate of patent is issued within 7 days
Grant of patent is published in the official journal.

Renewal Fee
To be paid within 3+6 months from date of recording in the register [sec 142 (4) ]
No fee for 1st and 2nd year
Renewal fee, on yearly basis, is required to be paid for 3rd to 20th for keeping the patent in force
Delay upto six months from due date permissible on payment of fee for extension of time
Patent lapses if renewal fee is not paid within the prescribed period
Recent Patents in India

01/04/2015 IIT Kharagpur A multipurpose device for processing of high viscous products in particular dairy
and food products.
05/10/2008 IIT Guwahati A process for the production of 9, 9- Dialkyl substituted fluoreine monomer and
obtaining the polyfluorene polymers (PFC) thereof.
09/09/2015 PGIMER, Chandigarh Root canal irrigation needle.
22/09/2015 Shaheed Bhagat Singh College of Engineering, Ferozpur Method for the manufacture of fully
stabilised cubic zirconia.
09/10/2015 M D University, Rohtak Immobilization of proteins onto solid support and its process thereof.
Conclusion

Patent creates a continuous stream of new ideas and experimentation so it directly point out at growth of a
country.
The burden of duplication of the invention is avoided : it saves further spending of time and money.
Any interested person may buy the Patent, wherein the Patent becomes a nice tool for the transfer of
technology.
Once, the life of the Patent is over, any person may freely, without paying any royalty to the Patentee, may
enjoy the invention.
Reference

http://www.ipindia.nic.in/history-of-indian-patent-system.htm
http://www.wipo.int/portal/en/
www.patentindia.org
http://www.makeinindia.com/policy/intellectual-property-facts
THANK YOU