An Assignment on

Intellectual Property
rights
Topic:- Procedure for Obtaining
Patents
Under the guidance of Dr. S.Z Amani

Ankit Yadav ,B.A LLB(H), Roll no. 05, 9th Semester, 5th year

ACKNOWLEDGEMENT
I would like to thank my IPR law Teacher Dr. S. Z
Amani for providing me with the topic Procedure
for obtaining Patents and for his support and
guidance. I would also like to thank my Friends
and Peers for their continuous encouragement .

Thank You
Ankit yadav

Procedure For Obtaining A Patent

Introduction
A patent is one of the forms of intellectual property. The object of the
patent law has been explained by the Supreme Court in M/s. Bishwanath
Parsad Radhey Shyam v. Hindustan Metal Industries1 as follows: The object
of patent law is to encourage scientific research, new technology and industrial
progress. The grant of exclusive privilege to own, use or sell the method or
product patented for a limited period, stimulates new inventions of commercial
utility.2 The price of the grant of the monopoly is the disclosure of the invention
at the patent office, which after the expiry of the period of monopoly, passes
into public domain. A patent is granted only for an invention which must be
new and useful. It must have novelty and utility.
The patents are granted to encourage inventions and to secure that the
inventions are worked in India on a commercial scale and to the fullest extent
that is reasonable practicable3 without undue delay.4
Patent is a grant made by the government to an inventor, conveying
and securing him the exclusive right to make, use and sell his invention for a
term of 20 years. A system of patents serves many useful purposes. 5 If the
invention is commercially utilized, the patent ensures just reward in terms of
money and recognition for the inventor, for all the time and effort, knowledge
and skills, money and other resources invested to come up with the invention.
For the society, commercial exploitation of an invention means new and better
products, higher productivity, and more efficient means of production.6
The objective of granting the patent is to ensure that it is worked
(utilized) in the country; and it is not meant to block production or further
research and development. A patent system encourages technological
innovation and dissemination of technology.7 This in turn stimulates growth
and helps the spread of prosperity and better utilization of resources. In an age

when technology and knowledge are the greatest generators of wealth, the
number of patents filed and granted nationally and internationally is a good
indicator of the health of science and technology in a country.8 Patent is granted
by a state and hence has territorial applicability. That is, it is valid only in the
country, which grants the patent. There is no mechanism to obtain a global
patent and we have to apply separately in all the countries where we want the
invention to be protected.
However, the Patent Cooperation Treaty 9 of the World Intellectual
Property Organisation10 seeks to facilitate grant of patents in the participating
countries. There were 169 countries, party to the PCT as on April 1, 2010. 11
India joined the PCT on December 7, 1998. Under the PCT, one international
application for patent on an invention can be filed in any country party to the
PCT12, designating other PCT countries where the patent is sought. The effect
of it is that the patent in a designated state, when granted, will have the same
priority date as for the first international application. 13 However, in each
designated country, a separate application for patent is to be filed as per the
requirements of that country. Each country has to examine the application
independently for granting a patent.14

History of the patent system : The practice of granting

monopolies by patent has a long history of over 600 years. The term patent can
be traced to the term Letters Patent, a grant in the form of a document rolled up
with the Kings or Queens seal appended at the bottom, conferring certain
rights and privileges on an individual.15 The grant was not sealed or closed but
it was open to public. Though letters patent were granted for various purposes,
they were most often granted to inventors, and hence the word patent was
eventually used to describe the inventors monopoly.16
The law relating to patents in India is governed by the Patents Act, 1970
as amended by Patents (Amendment) Act, 1999, Patents (Amendment) Act,
2002 and Patents (Amendment) Act, 2005 which came into force with effect

from 1 January 2005. In our discussion, we will refer to this act as the Indian
Patents Act.
The purpose of patents is to afford protection to the inventor for the
invention for a limited period in exchange for the disclosure of all the
necessary knowledge to ensure its commercial working. It provides an
exclusive right to the inventor for exploiting the invention and affords
protection against unauthorised use of the invention by third parties. The main
objective of national patent legislation is to accelerate the technological and
industrial development of the country.17
A patent is an exclusive monopoly right granted to the inventor
(patentee) to make, use, license or sell the invention for a limited period of
time. After the expiry of the patent term, anybody from the public can use the
invention as it passes into public domain.

Procedure for obtaining a patent

The Act laysdown the detailed procedure to be observed by the applicant
in getting a patent. The procedure involves the following formalities to be
completed by the applicant.
i.

Submission of Application.

ii.

Examination of Application.

iii.

Acceptance of complete specification.

iv.

Opposition of grant of patent.

v.

Granting and sealing of patent.

(1) Submission of Application: An application for a patent for an invention

may be made by a person claiming to be the true and first inventor 18 of the
invention or his assignee19, or by the legal representative of any deceased
person who immediately before his death was entitled to make such an

application20. The term true and first inventor means that the claimant has to be
the actual inventor and not merely be the first importer of the invention or the
first person to whom the invention is communicated from outside India.
In case the inventor is employee of an organization, the inventions made
during the employment would be patentable in the name of the employee.
However, the ownership of the patent (i.e. rights of using, manufacturing,
selling etc.) will be dependent on the terms of contract between the employee
and employer.21 It is a common practice in the Research & Development
organizations to keep the ownership rights with the employer though the patent
is in the employees (inventors) name.
Filing a patent application: There is only one application filed for
one invention. This must be done in a prescribed form 22 along with the
prescribed fees in the appropriate patent office. It should be accompanied by a
provisional or a complete specification.23
If the application is filed by the assignee24, it must be accompanied with
the proof of the right to make the application. Every application must state that
the applicant is in possession of the invention and shall name of the owner
claiming to be the true and first inventor. Where the true and first inventor is
not the applicant, a declaration is required that the applicant believes the person
so named to be the true and first inventor.25
Every international application under the PCT for a patent designating
India shall be deemed to be an application under the Indian Patents Act
if a corresponding application has also been filed before the Controller
in India.26 Recently the WIPO has launched the facility of electronic
patent filing under PCT. Typically, the form of application for grant of
an Indian patent asks for:
(i) full name, address, nationality of the applicant(s) and inventor(s);

(ii) patent specifications; and

(iii) whether an application has been made or patent granted in a PCT or a
convention country, which affords to citizens of India, or applicants for
patents in India.
Similar privileges as granted to its own citizens in matters of patent and which
has been so notified by the central government with relevant dates.

Filing of provisional and complete specification : A

specification27 is an accurate description of the patent stating how the invention
can be carried out by the method best known to the applicant. The specification
ends with a claim or claims defining the scope of the invention for which
protection is claimed.
Every application must be accompanied by a provisional or a complete
specification.28 It is possible to file the application with provisional
specifications. A provisional specification furnishes the initial description of an
invention when the application is filed and a complete specification furnishes
complete details of an invention. A description of the invention is called the
specification. The provisional specification contains only a general description
of the invention, its filed of application and anticipated results. The complete
specification consists of the full description of the invention will all the claims
over which the applicant seeks monopoly right. But it is necessary to file the
complete specifications within twelve months of filing the original patent
application. The application is deemed to be abandoned 29 if this condition is not
met. The twelve months limit can be extended to 15 months if an application is
made to the Controller with such request and the prescribed fee is paid.
A complete specification filed may include claims in respects of
developments of or additions to the invention described in provisional
specification. The inventor is entitled to apply for a separate patent in respect of
such developments/additions. In case of a convention application the patent

application must be accompanied with a complete specifications only. The

claim/claims of a complete specification relate to a single invention, or to a
group of inventions, which form a single inventive concept e.g. in an
instrument there may be 8 or 10 different inventions used. All these could be
separately patented; or they can be patented together as a group; if they form an
integrated instrument.30
The specification must contain31 the following:

Title, sufficiently indicating the subject-matter;

Relevant drawings;32

If required a model of sample of anything illustrating the invention

should be furnished before the acceptance of the application;33

Full and particular description of the invention;

Details of its operation or use and the method by which it is to be

performed;

Disclosure of the best method of performing the invention;

Claims defining the scope of the invention substantiated by the

disclosure;

Abstract providing technical information on the invention;

Declaration as to the inventorship34 of the invention.

A person claiming a patent has not only to allege the improvement in art

in the form but also that the improvement effected a new and very useful
addition to the existing state of knowledge.35 It is the duty of the patentee to
state clearly and distinctly the nature and limits of what he claims. If the
language used by the patentee is obscure and ambiguous, no patent can be
granted and it is immaterial whether the obscurity in the language is due to
design or carelessness or want of skill. In considering whether the claim as
made by the inventor is an invention, it will have to be considered whether the

subject matter is obvious. Obviousness is to be judged by a standard of a man

skilled in the art concerned.36
If an invention is an improvement in or modification of another
invention, for which the patent has been obtained or has been applied for, the
Controller may grant the patent for modification/improvement, as a patent of
addition; however the patentee for both the original patent and the patent of
addition has to be the same. Each claim of a complete specification has a
priority date. In a simple case, where a complete specification is filed in
pursuance of a single application with a provisional specification, the priority
date of a claim is the date of the filing of the application. 37 This is true if the
claim is fairly based on the matter disclosed in the specification. However, in
some cases, the priority date may be different than the date of filing.
Publication of the application: Normally every patent application is published
after 18 months of filing the application and objections are invited. The patent
application shall not be open to the public for eighteen months after the date of
filing, or date of priority, whichever is earlier.38 However, if the invention is
considered relevant for defence purposes, the Controller may issue direction to
prohibit or restrict such publication.39 In the case of secrecy direction, the
application will be published when the secrecy directions cease to operate. 40
The publication will include the particulars of the date of application, number
of application, name and address of the applicant and an abstract. Upon
publication of an application, the patent office, on payment of the prescribed
fees, will make the specification and drawings, available to the public. If the
specification mentions a biological material, which is not available to the
public, the applicant is required to deposit the material in an authorised
depository institution. From this institute, the biological material mentioned in
the specification is made available to the public, as necessary.
(2) Examination of the application: For granting a patent, examination of the
application is a mandatory step. However, such examination is taken up only if

the applicant or any other interested person makes a request in the prescribed
manner41 for such examination42 within 48 months from the date of filing of the
patent application.43 If such request is not made within the prescribed time, the
patent application is treated as withdrawn. When the patent application is in
respect of an invention for a chemical substance used as an intermediate in the
preparation of a medicine or drug including insecticides etc used for protection
or preservation of plants, the request for examination has to be made within a
period of 12 months from 31st December, 2004 or within 48 months from the
date of the application, whichever is later. If such a request is not so made, the
application shall be treated as withdrawn.44
After a request for examination is made, the Controller refers the
application, specification and the related documents to an examiner for making
a report within 18 months on:
1. whether the application and the specification and other documents
relating thereto are in accordance with the requirements of the Act;
2. whether there is any lawful ground of objection to the grant of the patent
under the Act;
3. whether the invention has been anticipated by publication before the
date of filing of applicants complete specification; and
4. on any other matter which may be prescribed.
Of these matters, search for anticipation by previous publication and by
prior claim is important. This search requires investigation in the publications
and specifications of prior applications and specifications of patents already
granted to see whether the same invention has already been published or
claimed or is the subject matter of existing or expired patents. 45
The examiner has to make his report within the period as may be
prescribed from the date of such reference. The act directs the Controller not to
refer an application for making the aforesaid report to the Examiner in respect

of a claim for patent for medicines and drugs covered under Section 5(2) of the
Act, and an application for grant of exclusive marketing rights to sell or
distribute the article or substance in India.46
However, such an application will be referred to the Examiner for
making a report as to whether the invention within the meaning of the Act in
terms of section 347 or the invention is one for which no patent can be granted
under section 448 of the Act.

Examiners investigation 49: When an application is referred to an

examination, by the Controller of Patents, the Examiner has to make
investigation as to whether the invention has already been published or claimed
by any other person under the Act.

Powers of the Controller of Patents 50: If the report of the

Examiner is adverse to the applicant of requires any amendment of the
application or of the specification, to ensure compliance with the provisions of
the Act, it is the duty of the Controller to communicate the gist of objections to
the applicant and to give the applicant an opportunity of hearing. The
Controller may refuse to proceed with the application or specification if it is
contrary to the provisions of the Act. 51 He may also require that the application,
specification or drawings to be amended to his satisfaction. On his failure the
Controller can refuse the application.52
Subject to the provisions of section 9, at any time after the filing of an
application and before grant of the patent of the under this Act, the Controller
may, at the request of the applicant direct that the application shall be postdated to such date as may be specified in the request and proceed with the
application accordingly.53 Where it appears to the Controller that the invention
has been anticipated as referred to under this Act 54, he may refuse application
unless the applicant:

1. shows that the priority date of the claim of his specification is not later
than the date on which the relevant document was published; or
2. amends this complete specification to the specification of the Controller.
If the consequence of the investigations, it appears to the Controller that
an invention cannot be performed without substantial risk of infringement of a
claim of any other patent, he may direct that a reference so that other patent
should be in the applicants complete specification by way of notice to the
public unless:1. the applicant shows to the satisfaction of the Controller that the there are
reasonable grounds for contesting the validity of the said claim of the
other patent; or
2. the complete specification is amended to the satisfaction of the
Controller.
The Controller may delete the reference to that other patent under the
circumstances mentioned under section 19(2). The Controller has power to
make orders regarding substitution of applicants under this Act.55
Abandonment of application56: An application for a patent shall be deemed to
be abandoned if an application or complete specification has been referred by
the Controller to the applicant with the statement of objections and applicant
fails to comply with the requirements within such period as may be prescribed.
If any appeal is pending, the Appellate Board can fix any time for compliance
of the requirements of Controller.
If the examiner raises any objections, the Controller will communicate
the gist of the objections to the applicant.57 If the objections raised by the
examiner are removed satisfactorily within 12 months, the Controller will
accept the complete specification.58 If the objections are not removed
satisfactorily, the application is refused after giving an opportunity of hearing
to the applicant.

(3) Acceptance and advertisement of complete specifications 59: Once the

complete specification is accepted, Controller notifies it to the applicant and
also advertises it in the Official Gazette. On advertisement, the application and
the specification with the drawings, if any, are open for public inspection. From
the date of advertisement of the acceptance of the complete specification and
until the date of sealing of the patent, the applicant will have the like privileges
and rights as if a patent for the invention had been sealed on the date of
advertisement. However, the applicant is not entitled to initiate any proceedings
for infringement until the patent has been sealed.60

Opposition to the grant of patent : Any person interested in

opposing the grant of patent may give notice to the Controller of such
opposition within 4 months from the date of advertisement 61 of the acceptance
on the grounds like62:
1. the invention was wrongfully obtained by the inventor/applicant; or
2. the invention claimed has been published before the priority date of the
claim; or
3. the invention, as claimed in any claim of the complete specification has
been anticipated in a specification filed for another patent earlier; or
4. the invention as claimed in any claim was publicly known/used in India
before the priority date of the claim; or
5. the invention is obvious and clearly does not involve any inventive step;
or
6. the complete specification does not sufficiently and clearly describe the
invention or the method by which it is to be performed; or
7. the subject of the patent is not an invention, within the meaning of the
Act; or is not patentable under this Act; or
8. the information furnished is false; or

9. geographical origin of biological material is not disclosed or falsely

disclosed; or
10. the invention is anticipated having regard to the knowledge, oral or
otherwise available within any local or indigenous community in India
or elsewhere; or
11. in the case of a convention application (an application filed in India
following a patent application for the same invention made in a
convention country), the application was not made in the prescribed
time. Convention country means a country notified as such by the
central government. On receipt of the notice of opposition, the
Controller shall notify the applicant of it and may give opportunity of
hearing to both parties, and arrive at a decision.
Section 25 further says that no other ground is available.
Where the Controller receives the notice of opposition63, he will notify it
to the applicant and decide the issue after hearing both sides. A person
interested must be a person, who has a direct, present and tangible commercial
interest or public interest which may be injured or affected by the grant of
patent.64

Grant and Sealing of patent

This is the last stage in obtaining a patent. Where the application for a
patent along with complete specification has been accepted either without
opposition or after the opposition, a patent shall be granted if the applicant
makes a request in the prescribed manner for a grant of patent. 65 The request
has to be made within six months from the date of advertisement of the
acceptance of the complete specification. The patent so granted shall be sealed
with the seal of the patent office and the date of sealing of patent shall be
entered in the register.

Patents of addition66: In respect of any improvement in or modification of a

precious invention already patented, a patent called patent of addition may be
obtained. The term of the patent addition will run concurrently and terminate
with the main patent. A patent of addition shall not be granted before the grant
of the patent for the main invention.
In case, the patent was granted to the deceased person or a body
corporate which had ceased to exist, before the patent was granted, the
Controller may amend the patent by substituting for the name of that person to
whom the patent ought to have been granted and the patent has to be deemed to
have effect.
Date of patent: The patent shall be dated as of the date on which application
for the patent was filed.67 The date of every patent has to be entered in the
register. In the case of any complaint of an infringement committed before the
date of publication of the application, a suit or other proceeding cannot be
instituted.
Every patent shall be in the prescribed form 68 and shall have effect
throughout India. A patent shall be granted for one invention only.69

Consequences of grant of a patent

A patent confers on the patentee, his agent or assignee the exclusive
right to the patented invention for a limited period to the exclusion of all others.
The patentee not only gets a monopoly right over the said invention for a
limited period to make or use the invention or to market it, but also the right to
prevent others from making, using or marketing such invention during the
period of protection.
Imposition of conditions: Under the Act, a patent is granted subject to certain
conditions. The subject matter of the grant may be used by the government for

its use, or hospitals. So also it can be used for the purpose of experiment or
research in importing instructions to pupils.
The grant of a patent under this act, will be subject to the conditions that 70:i.

any machine, apparatus or other article in respect of which the patent is

granted or any article made by using a process in respect of which the
patent is granted, may be imported or made by on behalf of the
government for the purpose merely of its own use;

ii.

any process in respect of which the patent is granted may be used by o

on behalf of the government for the purpose merely of its own use;

iii.

any machine, apparatus or other article in respect of which the patent is

granted or any article made by using a process in respect of which the
patent is granted, may be made or used and any process in respect of
which the patent is granted may be used by any person for the purpose
merely of experiment or research including the imparting of instructions
to pupils; and

iv.

in the case of patent in respect of any medicine or drug, the medicine or

drug may be imported by the government for the purpose merely of its
own use or for distributing to an dispensary, hospital or other medical
institutions maintained by or on behalf of the government or any other
dispensary, hospital or the medical institution which the central
government may, having regard to the public service that such
dispensary, hospital or medical institutions renders, specify in this behalf
by notification in the official gazette.

Term of patent 71: The Act, grants patent for a term of 20 years under
sections 53. This section was amended by the Patents (Amendment) act, 2002
with effect from 20.05.2003. Previously the term of patent was not the same for
all kind of invention. In certain cases, it was granted for 7 years and in other

cases for 14 years. Now it is provided for 20 years for all inventions from the
date of filling of application for the patent.
The patent shall cease to have effect notwithstanding anything thereon
or in this Act on the expiration of the period prescribed for the payment of any
renewal fee72, if that fee is not paid within the prescribed period or within that
period had extended under this Act.73

Conclusion
The justification for the granting patent right is discussed in detail in
Chiron corporation v. Organon Teknika Ltd.(No.10)74. It has been pointed out
that it is generally accepted that the opportunity of acquiring monopoly rights
in an invention stimulates technical progress in at least four ways: First, it
encourages research and invention; secondly, it induces an inventor to disclose
his discoveries instead of keeping them a secret; thirdly, it offers a reward for
the expense of developing inventions to the state at which they are
commercially practical and fourthly, it provides an inducement to invest capital
in new lines o production which might not appear profitable if many competing
producers embarked on them simultaneously
Encouragement, inducement and reward are the main factors underlying
the patent system. The public interest although apparently jeopardized by the
grant of monopoly, is secured by increased industrial activity, developing new
technologies and disclosure of new and useful invention. Furthermore, patent
law contains a number of safeguards, such as compulsory licensing and crown
use, to curb any significant abuse of the patent monopoly.
Thus the presence of a strong and effective patent system may bring
numerous benefits such as the dissemination of information and providing an
incentive to invest in the development of new products and process which will
eventually fall into the public domain.

BIBLIOGRAPHY
List of Books:

David Bainbridge, Intellectual Property Rights (Pearson Education

Limited, Delhi, 5th edn., 2002).

W.R. Cornish, Intellectual Property: Patents, Copy right, Trade marks

and Allied Rights (Sweet and Maxwell, London, 3rd edn., 1996).

Paul Torremans and Holyoak, Intellectual Property Law (Oxford

University Press, New York, 4th edn., 2005).

Daniel Gervais, TRIPS Agreement, The Drafting History and Analysis

(Sweet & Maxwell, London, 3rd edn., 2008)

Indian Law Institute, Intellectual Property Rights: A global vision

(Indian Law Institute, New Delhi, 2004)

P. Narayanan, Patent Law (Eastern Books Agency, Kolkatta 3 rd edn.,

1998).

P. Narayanan, Intellectual Property Law (Eastern Books Agency,

Kolkatta 3rd edn., 2001).

J.K. Das, Intellectual Property Rights (Kamal Law House, Kolkatta,

2008).

Elizabeth Verkey, Law of Patents (Eastern Books Agency, Kolkatta,

2009).

Vikas Vashishth, Law and Practice of Intellectual Property Law in India

(Bharat Law House, Kolkatta 1999).

B.L. Wadera, Law relating to patents, trade marks, copy right, designs
& geographical indications (Universal Law Publising Co Ltd, New
Delhi, 2nd edn., 1999).

II List of Articles:

S. Vedaraman, Patent Law in India, 28(21) Mainstream 35-8 (1989).

V.K. Gupta, Patent Regime in the Twenty First Century, 18 Delhi Law
Review 266-71 (1996).

Suman Sahai, Indian Patent Act and TRIPs, 28 Economic & Political
Weekly 1495-97 (1993).

Mamidama Ravi, Patents for Economic Development, 7 Corporate

Law Adviser 1-3 (2003).

Pravin Anand, Patent Cooperation Treaty (PCT): Reforms from the

Perspective of a Developing Country 21 The Patent & Trade Mark
Cases 1-6 (2001).

III List of Statutes:

The Indian Patent Act, 1970.

The Patents Act, 1977 (U.K.).

IV List of International Conventions:

The Agreement on Trade related aspect of Intellectual Property, 1996.

The Paris Convention, 1883.

The Patent Cooperation Treaty, 1970.

V List of Websites:

http://www.wto.org/

http://www.wto.org/english/tratop_e/trips_e/trips_e.htm

http://www.wto.org/english/tratop_e/dda_e/dda_e.htm

http://www.wipo.int/pct/en/

1 AIR 1982 SC 1444.

2 David Bainbridge, Intellectual Property Rights 45 (Pearson Education
Limited, Delhi, 5th edn., 2002).
3 See Patents Act, 1970, s. 89 (a).
4 Id., s. 83 (a).
5 P. Narayanan, Patent Law 3 (Eastern Books Agency, Kolkatta 3 rd edn.,
1998).
6 B.L. Wadera, Law relating to patents, trade marks, copy right, designs
& geographical indications 55 (Universal Law Publising Co Ltd, New Delhi,
2nd edn., 1999); Mamidama Ravi, Patents for Economic Development, 7
Corporate Law Adviser 1-3 (2003).
7 Supra note 2.
8 W.R. Cornish, Intellectual Property: Patents, Copy right, Trade marks
and Allied Rights (Sweet and Maxwell, London, 3rd edn., 1996).
9 Hereinafter PCT.
10 Hereinafter WIPO.

11
List
of
countries
are
available
http://www.bpmlegal.com/pctco.html (visited on April 02, 2010).

at:

12 See Patents Rules, 2003, Rule 18.

13 Pravin Anand, Patent Cooperation Treaty (PCT): Reforms from the
Perspective of a Developing Country 21 The Patent & Trade Mark Cases 1-6
(2001).
14 J.K. Das, Intellectual Property Rights 33 (Kamal Law House,
Kolkatta, 2008).
15 Elizabeth Verkey, Law of Patents 5 (Eastern Books Agency, Kolkatta,
2009).
16 Ibid.
17 Indian Law Institute, Intellectual Property Rights: A global vision
(Indian Law Institute, New Delhi, 2004)
18 Supra note 3, s. 6 (a).
19 Id., s. 6 (b).
20 Id., s. 6 (c).
21 Supra.
22 Every application corresponding to national or international
application to obtain a patent shall be made in Form 1 as given under the
Second Schedue of this Act.
23 Supra note .
24 Shining Induetries v. Shri Krishna Industries AIR 1975 All 231.
25 Id., s. 10 (6).
26 Id., s. 7 (1A).
27 Every specification, whether provisional or complete shall be made
in Form 2 as given under the Second Schedule of this Act.
28 Supra note .
29 Id., s. 9 (1).

30 Paul Torremans and Holyoak, Intellectual Property Law 55 (Oxford

University Press, New York, 4th edn., 2005).
31 Id., s. 10.
32 Supra note.
33 Id., Rule 16.
34 A declaration as to the inventorship of the invention shall be filed in
Form 5 as given under Second Schedule of this Act.
35 Ram Narain Kher v. Ambassador Industries, New Delhi and Another
AIR 1967 Del 87.
36 Press Metal Corporation Ltd. v. Noshir Sorabji Pochbtaana Walla
and Another AIR 1983 Bom 144.
37 Supra note.
38 Supra note .
39 Supra note .
40 Supra note .
41 A request for examination under section 11B shall be made in Form 9
as given under Second Schedule of this Act.
42 Supra note .
43 Supra note .
44 Supra note .
45 V.K. Gupta, Patent Regime in the Twenty First Century, 18 Delhi
Law Review 266-71 (1996).
46 Supra note .
47 It enumerates what are not inventions.
48 It speaks about inventions realting to atomic energy not patentable.
49 Supra note .
50 Id., ss. 77 to 81.

51 Id., s. 15.
52 Id., s. 57.
53 Id., s. 17.
54 Supra note .
55 Id., s. 20.
56 Id., s. 21.
57 Id., s. 14.
58 S. Vedaraman, Patent Law in India, 28(21) Mainstream 35-8
(1989).
59 Supra note .
60 Id., s. 24.
61 Supra note .
62 Supra note .
63 Supra note .
64 Ajay Industrial Corporation v. Shiro Kamas Iberabicity AIR 1983
Del 496.
65 Supra note .
66 Supra note .
67 Id., s. 45 (1).
68 Supra note .
69 Supra note .
70 Id., s. 47.
71 Id., s. 53.
72 Supra note .
73 Supra note .

74 (1995) FSR 325.