The document discusses the Indian Patent Act of 1970, which governs the granting of patents in India and provides intellectual property rights protection for inventions. Key aspects covered include the types of patents granted, requirements for an invention to be patentable, the patent application and examination process, rights of patent holders, and provisions for patent renewal and opposition.
The document discusses the Indian Patent Act of 1970, which governs the granting of patents in India and provides intellectual property rights protection for inventions. Key aspects covered include the types of patents granted, requirements for an invention to be patentable, the patent application and examination process, rights of patent holders, and provisions for patent renewal and opposition.
The document discusses the Indian Patent Act of 1970, which governs the granting of patents in India and provides intellectual property rights protection for inventions. Key aspects covered include the types of patents granted, requirements for an invention to be patentable, the patent application and examination process, rights of patent holders, and provisions for patent renewal and opposition.
The document discusses the Indian Patent Act of 1970, which governs the granting of patents in India and provides intellectual property rights protection for inventions. Key aspects covered include the types of patents granted, requirements for an invention to be patentable, the patent application and examination process, rights of patent holders, and provisions for patent renewal and opposition.
Submitted to: P.N. Krishnan Submitted by: HOD Soumya.A Dep : of Pharmaceutics INTELLECTUAL PROPERTY • Intellectual property is the product or creation of the mind. It is different from other properties in term that it is “intangible”. Hence it needs some different way for its protection.
INTELLECTUAL PROPERTY RIGHTS
• IPR is the body of law developed to protect the creative people who have disclosed their invention for the benefit of mankind. This protects their invention from being copied or imitated without their consent. THE INDIAN PATENT ACT • In India the grant of patents is governed by the patent Act 1970 and Rules 1972.
• The patents granted under the act are operative in
the whole of India.
HISTORY The Patent Law of 1856
The Patent and Designs Act, 1911.
The Patents Act, 1970 and Rules 1972
The Patent amendment act 2005
What is a patent ?
• A patent is a grant from the government which
confers on the guarantee for a limited period of time the exclusive privilege of making, selling and using the invention for which a patent has been granted Purpose of getting a patent……
• To enjoy the exclusive rights over the invention.
• The patent is to ensure commercial returns to the
inventor for the time and money spend in generating a new product. 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’
Patent Law - Salient Features
• Both product and process patent provided
• Term of patent – 20 years • Examination on request • Both pre-grant and post-grant opposition • Fast track mechanism for disposal of appeals • Provision for protection of bio-diversity and traditional knowledge • Publication of applications after 18 months with facility for early publication • Substantially reduced time-lines Safeguards in the Patent Law
• Compulsory license to ensure availability of drugs
at reasonable prices
• Provision to deal with public health emergency
• Revocation of patent in public interest and also on
security considerations Types Of Patents
• Three types of patent are granted under the
provisions of the act, namely:
1. An Ordinary Patent
2. A Patent Of Addition
3. A Patent Of Convention
• A second type of classification of patent is:
1. Product Patent
2. Process Patent Patentable Inventions
Invention must
Relates to a process or product or both
Be new (novel)
Involves an inventive step
Be capable of industrial application
Not fall under section 3 and 4
“NEW” MEANS……….
Invention must not be
Published in India or elsewhere In prior public knowledge or prior public use with in India Claimed before in any specification in India Inventive step means… A feature of an invention that
Involves technical advance as
compared to the existing knowledge..
Industrial application means…
Invention is capable of being made or used in any kind of industry. Section 3 exclusions
Section 3(a) • Inventions contrary to well established natural laws
Examples Machine that gives more than 100% performance Perpetual machine Section 3(b) Commercial exploitation or primary use of inventions, which is Contrary to public order or Morality Examples – Gambling machine, – Device for house-breaking , Section 3(b) Commercial exploitation or primary use of inventions , which Causes serious Prejudice to health or human, animal, plant life or to the environment Examples Biological warfare material or device, weapons of mass destruction Terminator gene technology, Embryonic stem cell Non Patentable Inventions • Inventions falling within Section 20(1) of the
Atomic Energy Act, 1962 are not patentable
Eg: Inventions relating to compounds of Uranium,
Beryllium, Thorium, Plutonium, Radium,
Graphite, Lithium and more as notified by
Central Govt. from time to time.
The Term Of Patent :
In respect of a invention claming process of
manufacture of a substance intended to be used as food or medicine ---- 5 yrs from the date of sealing or 7 yrs from the date of patent whichever is shorter.
In case of any other invention ---- 14 yrs from the date
of patent. Expiry Of A Patent • A patent can expire in the following ways:
1. The patent has lived its full term.
2. The patentee has failed to pay the renewal fee.
3. The validity of the patent has been successfully
challenged by an opponent by filing an opposition either with the patent office or with the courts.
4. As soon as the patent expires, it pass to the general
public domain and now anybody can use it without the permission of the original inventor STAGES FROM FILING TO GRANT OF A 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
• Information concerning application form and details
of fee available at www.ipindia.nic.in
• Guidelines for applicants also available on this
website Formality Check • An Examiner checks the formal requirements before accepting the application and the fee – this is done immediately
• Issue of application number and the cash receipt –
this is done the same day
• In case of receipt of application by post, cash
receipt, application number is sent by post within 2- 3 days 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 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 w.r.t.
– whether the claimed invention is not prohibited
for grant of patent
– whether the invention meets the criteria of
patentability Issue of FER
• A period of 1 to 3 months is available to Examiner
to submit the report to the Controller
• 1 month’s time available to Controller to vet the
Examiner’s 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 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 Examination of Pre-grant Opposition
• Opposition (documents) is sent to the applicant
• A period of 3 months is allowed for receipt of
response 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
STAGES - FILING TO GRANT OF PATENT FILING OF APPLICATION PROVNL. / COMPLETE
PUBLICATION OF APPLICATION • PROMPTLY AFTER 18 MONTHS FROM P.D.
REQUEST FOR EXAMINATION • WITHIN 48 MONTHS FROM F.D.
EXAMINATION-ISSUE OF FER 3rd Party Representation
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS GRANT OF PATENT OPPOSITION • WITHIN 12 MONTHS Decision of Controller
Appeal
Appellate Board Revocation/Amendment
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 Rights of a patentee 1. Right to exploit the patent.
The patentee has a right to prevent 3rd parties, from exploiting
the patented invention.
2. Right to grant license.
The patentee has a power to assign rights or grant license.
3. Right to surrender.
The patentee is given the right to surrender the patent by
giving notice in prescribed manner to the controller.
4. Right to sue for infringement.
A patentee is given the right to institute proceeding for
