Indian Patents Act-1970 ++++++++++++++++++++++++++++++++++++++++++

What is Patent ?

A grant of some privilege, property or authority made by the Government or the sovereign of the country to one or more individuals. Patents for inventions and not for discoveries. Patent" means a patent granted under this Act and includes for the purposes of sections 44, 49, 50, 51, 52, 54, 55, 56, 57, 58, 63, 65, 66, 68, 69, 70, 78, 134, 140, 153, 154, and 156 and Chapters XVI, XVII and XVIII, a patent granted under the Indian Patents and Designs Act, 1911;

Objective of Patent

To encourage inventions by promoting their protection and utilizations as to contribute the development of industries, which in turn, contributes to the promotion of technological innovations and to the transferee and disseminations of technology.

Exclusive Marketing Rights

Patents Act 1970 modified to Patents (Amendment) Act 1999 and a new chapter inserted with retrospective effect from 1-1-1995. This chapter deals with exclusive marketing right to sell or distribute an article or substance in India. Generally granted for medicines or drugs.

Exclusive Marketing Rights

All medicines for internal or external use of human being or animal All substances intended to be used for the diagnosis, treatment or prevention of diseases. All substances intended to be used for the maintenance of public health or control of epidemic diseases Insecticides, germicides, fungicides, weedicides and all other substances intended to be used for protection or preservation of plants All chemical substances which are intermediates in the preparation of manufacture of any medicines or substances.

Grant of Exclusive Rights

Where an invention has been made in India or any other country, and an application is made on or after 1-1-1995.

Where the claim for process patents for the invention has been made on or after 1-1-1995.

Procedure for obtaining Patent

Submission of application Examination of application Advertisement of acceptance of complete specification Opposition to grant of Patent to the applicant Hearing of the parties Grant and sealing of the Patent.

Rights to patentee
To exploit the patent To license the patent to another To assign the patent to another To surrender the patent To sue for infringement of the patent Right before sealing but after acceptance of the specification.

Exceptions and Limitations on the Rights of a Patentee

Government use of patent Compulsory Licences Use of inventions for defense purposes Revocation for non working of Patents Limitation on restored Patents.

Powers of Government to use Invention

Importation of an invention, being a machine, apparatus or other article for merely Governments own use Importation of medicine for distribution to any dispensary, hospital or other medical institutions If such use has been before claim, government shall not pay any royalty If the patented product is a medicine or a drug the royalty shall not exceed 4 % of the net ex factory sale price

Acquisition of Invention and Patent by the Central Government.

For public purpose or betterment. May give notice of acquisition to the applicant Compensation may be paid as agreed. In case of dispute, High court will determine the compensation.

Government use of invention without payment of Royalty when?

When the government imports or makes or uses any machine, apparatus, or article or any process involved in using or distributing the same. When invention has been used by government before the claim of patent When government makes import or uses it for its personal use

Compulsory Licences
Granted at any time after expiration of three years from the date of sealing of patent. Application made to the controller Central government may declare in official Gazette When reasonable requirements of the public with respect to the patented invention have not been satisfied When the patented invention is not available at a reasonable price.

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

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: Invention should possess utility, so that it can be made or used in and industry

What is not Patentable

Those inventions which are injurious to public health or violate public morality or public interest. New method of agriculture or horticulture A process of treatment of human beings, animals or plants cannot be Patented.

Application for Patents

Persons entitled to apply for patents: 1.) By any person claiming to be the true and first inventor of the invention; 2.) By any person being the assignee of the person claiming to be the true and the 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; An application under sub-section (1) may be made by any of the persons either alone or jointly with any other person

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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 shall state that the applicant is in possession of the invention and shall name the that 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 that person so named to be the true and first inventor. Every such application shall be accompanied by a provisional or a complete specification

Complete Specifications

It is an essential document in the filing of patent application along with the drawing to be attached according to the necessity. Complete specification shall fully describe the invention with reference to drawing, if required, disclosing the best method known to the applicant and end with Claim/Claims defining the scope of protection.. The specification must be written in such a manner that person of ordinary skill in the relevant field, to which the invention pertains, can understand the invention.

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Normally, it should contain the following matter1) Title of invention, 2) Field of invention, 3) Background of invention with regard to the drawback associated with known art, 4) Object of invention, 5) Statement of invention, 6) A summary of invention, 7) A brief description of the accompanying drawing, 8) Detailed description of the invention with reference to drawing/examples, 9) Claims, 10) Abstract.

Examination of Application
No application for patent will be examined if no request is made by the applicant or by any other interested person in Form-18 with prescribed fee. Complete specification is subject to examination for following matters

Whether the application and the specification are in accordance with the requirements of this act Whether there is any lawful ground of objection to the grant of the patent under this act. The examiner shall then make the report to the controller within a period of eighteen months from the date of such reference.

Opposition proceedings to grant of Patents

Representation may be made on the following grounds

The applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention

The invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim The invention claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim.

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The invention claimed is obvious and clearly does not involve any inventive step, with regard to the matter published or to what was used in India before the priority date of the application The complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed;

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The applicant has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge; In case of convention application, the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country

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The complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; The invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground.

THANK YOU

10/25/2012