Patent Act

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Presentation Transcript

THE PATENT ACT

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INTRODUCTION TO INTELLECTUAL PROPERTY Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. Intellectual property is divided into two categories: industrial property: which includes inventions (patents), trademarks, industrial designs, and geographic indications of source. Copyright: which includes literary and artistic works such as novels, poems, plays, films and musical works etc.

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PATENTS:A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes. Objective of Patent:- To encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. LEGISLATION: The Patent System in India is governed by the Patents Act, 1970 (No. 39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006 effective from 05-05-2006

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TYPES OF PATENT APPLICATIONS: Ordinary Application Application for Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent). Divisional Application (in case of plurality of inventions disclosed in the main application). Convention application , claiming priority date on the basis of filing in Convention Countries. National Phase Application under PCT. 1) Ordinary Application:-A ordinary application is a patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent.

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2) patent of addition: A patent of addition is restricted to something that is an improvement or modification of the invention in the other ‘parent’ patent. It is any change to the invention of the parent complete application (eg. By way of variation, omission, or any other change) which secures a better or different performance while retaining the essential character of the invention. 3) Divisional Application:-Divisional patent application is a type patent application which contains matter from a previously-filed application (the "parent" application). Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention.

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WHAT IS PATENTABLE INVENTION: A new product or process, involving an inventive step and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria – i) 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. ii) Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document. iii) Industrially applicable: Invention should possess utility, so that it can be made or used in an industry.

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WHAT IS NOT PATENTABLE:The following are Non-Patentable inventions within the meaning of the Act: - 1.An invention which is frivolous or which claims anything obviously contrary to well established natural laws. 2.An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. 3. The mere discovery of a scientific principle or the formulation of an abstract theory (or discovery of any living thing or non-living substances occurring in nature); 4. The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way. 5. A method of agriculture or horticulture .

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Inventions relating to atomic energy not patentable: No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of Section 20 of the Atomic Energy Act, 1962. Inventions where only methods or processes of manufacture patentable (1) In the case of inventions- claiming substances intended for use, or capable of being used, as food or as medicine or drug, or B. Relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds),.

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APPLICATIONS FOR PATENTS Persons entitled to apply for patents:- A. Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say, 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 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. (2) An application under sub-section (1) may be made by any of the persons preferred to therein either alone or jointly with any other person.

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Form of application :- 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. 2) Every application under this section shall state that the applicant is in possession of the invention and shall name the 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 the person so named to be the true and first inventor. 3. Every such application (not being a convention application) shall be accompanied by a provisional or a complete specification

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A.Provisional Specifications :It is documents in a prescribed form containing a description of essential features of the invention. Where an application for a patent (not being a convention application) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed the application shall be deemed to be abandoned. B. Complete Specification: A complete specification is document in a prescribed form and shall:- 1. Fully and particularly describe the invention and its operation or use and the method by which it is to be performed. 2. Disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection. 3. A claim or claims defining the scope of the invention for which protection is claimed.

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Examination of application : (1) When the complete specification has been led in respect of an application for a patent, the application and the specification relating thereto shall be referred by the Controller to an Examiner for making a report to him in respect of the following matters, namely:- whether the application and the specification relating thereto are in accordance with the requirements of this Act . B. whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;the result of investigations made under section 13; and any other matter which may be prescribed. (2) The Examiner to whom the application and the specification relating thereto are referred under sub-section (1) shall ordinarily make the report to the Controller within a period of eighteen months from the date of such reference.