Patent

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PATENT

ACT
1970
INTRODUCTION
Patent is an exclusive statutory right for an invention granted to the owner of an
invention to make use manufacture and market the invention. It is an invention granted
for a limited period of time to the patentee by the government in exchange of full
disclosure of his / her invention .
In other words , a patent is monopoly right that excludes others from making , using ,
selling or importing the patented product without the consent of patent holder . These
rights are granted only to new inventions capable of industrial applications .
The first patenting related act in India was passed in 1911 by the name of PATENTS
and DESIGNS ACT , 1911 .
The patent act has been amended several times in 1974 , 1985 , 2002 and in 2005 and
the rules have been amended in 2006 .
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 .
2. The invention must be “USEFUL” .
3. The invention must be “NOVEL” .
4. The invention must be “NONOBVIOUS” .
RIGHTS OF PATENTEE
 RIGHT TO EXPLOIT THE PATENT :- SECTION 48 confers the right to exploit the patent on the patentee
or his licensee or his assignee or his agent when such a right is exercised within the conditions imposed
by SECTION 47 of the ACT .
 RIGHT TO LICENCE :- SECTION 70 of the ACT confers inter alia the right on a grantee or proprietor of
a patent to grant licence . A patentee of invention of new DVD SYSTEM has a right to license his right to
another party to make and sell the system in a particular territory .
 RIGHT TO ASSIGN :- SECTION 70 also confers on the patentee the right to fully or partially assign his
patent to another or others . Such assignment and licensing should always be in writing in express
agreements and should be registered .
 RIGHT TO SURRENDER THE PATENT :- SECTION 63 provides that a patentee may , at any time by
giving notice to the CONTROLLER , offer to surrender his patent . The CONTROLLER before accepting
the offer of surrender , publishes the offer in INDIA to give opportunity to the parties having any
interest , for instance licensees , to oppose the offer of surrender .
 RIGHT TO SUE FOR INFRINGEMENT :- Patentee , his assignee , licensee or agent has the right to
institute a civil suit in a court not lower than the DISTRICT COURT in case of any infringement .
STAGES FROM FILING TO GRANT OF A PATENT
FILLING OF AN APPLICATION FORM

EXAMINATION OF APPLICATION
ACCEPTANCE OF APPLICATION &
ADVERTISEMENT OF SUCH ACCEPTANCE IN
THE OFFICIAL GAZETTE

OPPOSITION TO THE GRANT OF PATENT

GRANT & SEALING OF PATENT


PROCEDURE FOR GRANT OF PATENT
 FILING AN APPLICATION FOR A PATENT : Any person interested in obtaining a patent has to make an
application [SECTION 7 ] .
• 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 .
• Where the application is made by virtue of an assignment there shall be furnished with the
application , proof of the right to make the application .
• The application in possession of the invention and shall name the owner claiming to be the true and
first inventor .
• Every such application shall be accompanied by a provisional or a complete specification .

 EXAMINATION OF APPLICATION : When the complete specification has been filled in respect of an
application for a patent , the application and specification shall be reflected by the controller to an
examiner for making a report in respect of following matters :-
• Where the application and specification are in accordance with the requirement of the act .
• Where there is lawful ground of objection to the grant of patent under the act.
• The examiner shall make a report to the controller within the period of 18 months .
 ACCEPTANCE OF APPLICATION & ADVERTISEMENT OF SUCH ACCEPTANCE IN THE OFFICIAL GAZETTE :
The complete specification in the relation to the application for patent may be accepted by the
controller at any time after the applicant has complied with the requirements .
• ADVERTISEMENT OF COMPLETE SPECIFICATION – The controller shall give the notice to the applicant
and shall advice in the official gazette , the fact that the specification has been accepted .

 OPPOSTION TO THE GRANT OF PATENT : With in 4 months from the date of advertisement of
acceptance of complete specification , any person interested may give notice to the controller of
opposition to the grant of patent on any of the following ground :-
• Applicant wrongfully obtains the invention or any part from him or from a person under whom he
claim .
• Invention is already claimed in an application having earlier priory claim .
• Invention was publicly known or publicly used INDIA before the prior date of claim .
• Invention is obvious and clearly does not involve any inventive step .
• Where the applicant failed to disclose the requisite information or has furnished false material
information to his knowledge .
• Where complete specification does not disclose or wrongly mentions the source or geographical origin
of biological material is used for the invention .
• Where complete specification does not sufficiently and clearly describe the invention or method by
which it is to be performed .
• Where the invention is not patentable or its patenting is forbidden under the act .

 GRANT & SEALING OF PATENT :


• Where the application for the patent has been refused by the controller by the virtue of any power
vested in him .
• The application has not been found to be in contra mention of any provisions of the act .
• The application has been opposed and the opposition has been finally in favor of the applicant .

 The patent shall on request made by the applicant in the prescribed form be granted to
the applicant or in case of joint application to the applicants jointly . The controller shall
cause the patent to be sealed with the seal of the patent office and the date on which
patent is sealed shall be entered in the register .
REVOCATION OF PATENTS
A patent confers exclusive rights to the first and true inventor . Under the provisions of this ACT it is open to
any person to challenge the validity of a patent . If the grounds challenging the grant of patent are valid or
the Government in public interest deems it fit , the exclusive rights granted to inventor shall be withdrawn .
Any such withdrawal of rights granted to patentee is termed revocation of patent .
Section 64 provides for revocation of patents as follows :
 Subject to the provisions contained in this ACT , a patent , whether granted before or after the
commencement of this ACT , on the petition of any person interested or of the CENTRAL GOVERNMENT
or on a counter – claim in a suit for infringements of the patent , be revoked by the HIGH COURT on any
of the following grounds :-
 Invention was claimed in a valid claim of earlier priority date contained in the complete specification .
 The patent was granted on the application of a person not entitled under the provisions of the ACT to
apply .
 Patent was obtained wrongfully in the contravention of the rights of the petitioner .
 The scope of any claim of the complete specification is not sufficiently and clearly defined .
 The patent was obtained on a false suggestion or representation .
 Applicant contra vented any direction for secrecy passed under SECTION 35 .
 The subject of any claim is not patentable under this ACT .
REVOCATION OF PATENT IN PUBLIC INTEREST :- Where the CENTRAL GOVERNMENT is of opinion
that a patent or the mode in which it is exercised is mischievous to the STATE or generally prejudicial to the
public , it may , after giving the patentee an opportunity to be heard , make a declaration to that effect in the
OFFICIAL GAZETTE and thereupon the patent shall be deemed to be revoked .

 Without prejudice to the provisions contained in sub-section (1) a patent may be revoked by
the HIGH COURT on the petition of the CENTRAL GOVERNMENT , if the HIGH COURT is
satisfied that the patentee has without reasonable cause dialed to comply with the request of
the CENTRAL GOVERNMENT within the meaning of SECTION 99 upon reasonable terms .
THANK
YOU

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