Patent Act, 1970

Submitted to: Submitted by

Prof. Ashwini Sonali Adya
Bhalla
Content

01 INTRODUCTION

02 PATENT ACT, 1970

03 PATENT
04 FEATURES OF LAW
 1.INTRODUCTION
 Uruguay Round ( or the lastGATT Round) created
anOrganization called WTO onJan1,1995 to resolve trade
disputes among members countries

 Uruguay agreement required the member countries to enter

into an agreement on Intellectual Property Rights to establish
a common scheme of protection to be given by all member
countries.. The agreement is called TRIPS
 It covered
Patents,
Copyrights,Trade
marks, Designs
andGeographical
Indications.
 2. PATENT ACT, 1970
 In India the grant of patents is
governed by Patent Act 1970 and
Rules 1972
 It is operative in whole of India
 In 1999, 2002,2004 & 2005 amendments
were made in the act

 Product patent, 20 years period etc

were introduced
3. Patent
 The word patent originates from the Latin patere,
which means "to lay open" (i.e., to make available for
public inspection). It is a shortened version of the
term letters patent, which was an open document or
instrument
 A patent is a right granted to an inventor by the
federal government that permits the inventor to
exclude others from making, selling or using the
invention for a period of time.
 FEATURES
 The Law permits to patent any invention
1.Both products that is new,useful to the society, has
and process commercial application and inventive
patent provided step. The patent is granted for product as
well as process.
 A mere admixture, method of agriculture
or horticulture and plants and animals
can not be patented under this Act
 2. An application for patent should contain
Requiremen complete description of the
invention(also known as patent
t for application specification).

After filing the application for a

patent, a request for 3.Examination on
examination is essential to be
request
made for examination of the
application by the Indian
Patent Office
 4.Both pre-grant The patent can be opposed by any person
and post-grant within six months from the publication of
the patent application. This is known as
opposition Pre grant opposition. The invention can be
challenged even after it gets patent, but
the opposition should come within 12
months from the publication of the grant of
the patent.

The term of patent in every

category in India is twenty 5.Term of Period
years from the date of filing
the patent application.
 6.Renewal The patentee has to pay renewal
Fee fee to keep the patent alive.

The act gives exclusive rights to

the patentee to manufacture, 7.Rights conferred on the
market, sell, assign and license Patentee
his patent and at the same time
prohibit others from doing so for
a limited period of time.

8. The patentee can assign his

Assignment rights to any other person.
9.Compulsoary The act also ensures that patentee
licensing doesn’t misuse his rights and also that
patents do not prevent the protection of
public health and nutrition, by the way
of Compulsory Licensing.