PATENT ACT

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Presented by….. JITENDRA PRATAP SINGH ALOK TRIPATHI M. Pharm(Pharmaceutics) MGIP LUCKNOW A Presentation on PATENT ACT 1970

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Intellectual property right (IPR) “Exclusive rights granted by the State for inventions, new and original designs, trademarks, new plant varieties and artistic and literary works”. ® ™ ©

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Intellectual property refers to creations of the mind : Inventions Literary Artistic works Symbols, Names, Images and Designs used in commerce. Intellectual property

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Intellectual property can be separated into these types such as : Patents Trade marks Geographical denominations Industrial designs Copyright

Indian Patent Act 1970 :

Indian Patent Act 1970

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A Patent is an intellectual property right relating to invention & is the grant of exclusive right,for limited period,provided by the Government to the patentee. Patent The word Patent originated from the Latin Word " Patene " which means “to open”.

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A patent is a monopoly right to a person who has invented a new and useful article or it is an improvement of an existing article or a new process of making an article. OR

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8 Invention Indian patent act (amendment) 2002 define the term invention is: “A new product or process involving an inventive step and capable of industrial application.”

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9 “ Inventive step ” is the feature that makes the invention non-obvious to a person skilled in the art. “ Capable of industrial application ” means an invention should have commercial value in the market.

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Any person who invents or discovers any new and useful : Process Machine Manufacture or Composition of matter , or Any new and useful improvement thereof, may obtain a patent. Who is Inventer ?

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WHAT ARE PATENTABLE INVENTION ? . An invention to be patentable should be technical in nature and should meet the following criteria- Novel Non obvious Useful

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What are Non patentable inventions? Discovery of any living thing or non living substances occurring in nature. A method of agriculture or horticulture.eg the method of terrace farming cannot be patented.

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Any process for medical, surgical, diagnostic, therapeutic or other treatment of human beings.

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Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production and propagation of plants and animals.

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A mathematical or business method or computer programme . Topography of integrated crcuits . Method of playing game.

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Trade Related Aspects of Intellactual Property Rights ( TRIPs) TRIPs agreement is aimed at harmonising the Intellectual property laws of the Member-Nations. India is a signatory to the Trade related Intellectual Property Rights Agreement and has to fulfill certain minimum obligations as agreed.

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Salient features of TRIPs The Agreement has defined time-frames for achieving such harmonisation . India (classified as a Developing Country) has time until 2005 to bring total harmonisation . The Agreement lays that the Member-nations will make necessary changes to respective national laws to conform to minimum TRIPs requirements. Member-nations may make necessary laws to adopt measures to protect public health and nutrition.

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It states that patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. It is specifically provided that Member-nations may bar patenting on grounds of morality, public order or to protect human, animal or plant life or to avoid serious prejudice to environment.

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Member-nations may exclude from patentability: Diagnostic, surgical & therapeutic methods for treatment of humans or animals. Plants and animals other than micro-organisms & essentially biological processes for production of plants and animals other than non-biological and micro-biological processes.

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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).

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Divisional Application(in case of Plurality of inventions disclosed in the main application) Convention application,claiming priority date on the basis of filling Convention Countries. National Phase Application under PCT.

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Patent Cooperation Treaty(PCT) The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.

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HOW TO APPLY For this, patentee have to give application to patent office with necessary requirements.

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PROCEDURE TO GET PATENT A patent application can be filed at only of the four patent offices in India (Kolkata, Delhi, Mumbai and Chennai). The patent application passes through the following stages: A.FILING B.PUBLICATION C.EXAMINATION D.OPPOSITION E. GRANT

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A.Filing 1. Applicant : An application for a patent  can be filed by the true and  first inventor. It can also be filed the by the assignee or legal representative of the inventor 2. Form of Application: Every application shall be accompanied by a provisional or complete specification.

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26 Provisional Patent Application An applicant may file a provisional specification containing incomplete & general description of the invention. No need to file claims. Objective of it is to fix the priority date Complete specification is to be filed within 12+3 (15 months) from the date of filing provisional specification.

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Complete Specification Submission of complete specification is necessary to obtain a patent it must be submitted within 12 months of filing the provisional specification. It is not necessary to file an application with provisional specification before the complete specification. An application with complete specification can be filed right at the first instance .

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Contents of complete specification would include following- Title of the invention Field to which the invention belongs Background of the invention including prior art giving drawbacks of the known inventions and practices

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4) Complete description of the invention along with experimental results 5) Drawings (if necessary) 6) Claims, which are statements of technical facts expressed in legal terms, related to the invention on which legal proprietorship is being sought. therefore the claims have to be drafted very carefully.

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FORM - 2 THE PATENTS ACT, 1970 (39 of 1970) COMPLETE SPECIFICATION [SECTION 10; RULE 13] 1. Title of Invention 2. (a) Name of Applicant (b) Address of Applicant (c) Nationality: Indian. The following specification particularly describes the nature of this invention and the manner in which it is to be performed.

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5. Documents to be submitted at the time of filing . The following documents have to be submitted at the time of filing a patent application: a. Form 1 - Application for the grant of patent. b. Form 2 - Provisional or Complete Specification. c. Form 3 - Statement and undertaking by the applicant. d. Form 5 - Declaration as to inventorship . e. Form 26 - Authorization of patent agent or any other person

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B.PUBLICATION A patent application will be published on expiry of eighteen months after the priority date. It can be published earlier, if such a request is made by the applicant . On publication, specification including drawings and deposits shall be open for public inspection. The rights of the patentee start from the date of publication but they cannot be enforced until after patent grant.

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33 C.Examination of Patent Patent Application on method or procedure of manufacturing substance will be examined only after the request filed to the patent office within 48 months from the date of patent application or within 12 months from date of commencement of patent amendment act 2002, whichever is later.

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Any person can file an opposition for grant of patent after the application has been published. Opposition may be filed on any of the following grounds: a. Non compliance of patentability requirements. b. Nondisclosure or Wrongful disclosure of genetic resources or traditional knowledge D.OPPOSITION 1.Pre-grant Opposition

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2.Post-grant Opposition Any person can file an opposition within a period twelve months after the grant of a patent. It can be filed based on the following grounds: a. Wrongful obtainment of the invention by the inventor. b. Publication of the claimed invention before the priority date. c. Sale or Import of the invention before the priority date. d. Public use or display of the invention.

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e. The invention doesn’t satisfy the patentability requirements. f. Disclosure of false information to patent office. g. Application for the invention is not filed within twelve months from the date of convention application. h. Nondisclosure or wrongful disclosure of the biological source. i . Invention is anticipated by traditional knowledge.

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If the application satisfies all the requirements of the patent act, the application is said to be in order for grant. A granted patent gives the patent holder the exclusive right to make, use, sell, offer for sale and import the product or use the process E.GRANT

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STAGES - FILING TO GRANT OF PATENT PUBLICATION OF APPLICATION REQUEST FOR EXAMINATION GRANT OF PATENT 3rd Party Representation Revocation/Amendment PROMPTLY AFTER 18 MONTHS FROM P.D. WITHIN 48 MONTHS FROM F.D . ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS WITHIN 12 MONTHS Decision of Controller EXAMINATION-ISSUE OF FER Appeal Appellate Board

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39 Patent Of Addition A patent application for any improvement or modification of an invention described in complete specification of the main patent application filed. Patent of addition is valid till the main application exists or do not expired. No renewal fees is payable.

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40 Compulsory License At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the controller for grant of compulsory license. The grounds of this license: non working of invention. Under Central Government’s declaration, compulsory license should be granted in respect of any patent or class of patents.

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FORM – 1 THE PATENTS ACT, 1970 (39 of 1970) APPLICATION FOR GRANT OF A PATENT (See sections 5(2), 7, 54 and 135; rule 39) 1.     I/We, (a) X Y Z (Name of Applicant) (b)  Address of the applicant (c) Nationality : 2.    Hereby declare- (a)     that I am/we are in possession of an invention titled: " A NOVEL CRAFTING MACHINE " (b) that the Provisional/Complete Specification relating to this invention is filed with this application. (c) that there is no lawful ground of objection to the grant of a patent to me/us.

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3. Further declare that the inventor  for the said invention is- (a) A B C (Name of Inventor) (b) Address of inventor. (c)     Nationality : SIGNATURE:_____________ 4. I/We claim the priority from the applications filed in convention countries, particulars of which are as follows: Priority application No & date or NOT APPLICABLE 5. I/We state that the said invention is an improvement in or modification of the invention, the particulars follows and of which of which are as I/we am/are the applicant/patentee: (Main patent application No. & date or NOT APPLICABLE

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. 6. I/We state that the application is divided out of my/our application, the particulars of which are given below and pray that this application deemed to have been filed on ____________ under section 16 of the Act. (Main patent application No. & date or NOT APPLICABLE That we are the assignee or legal representative of the true and first inventors. 8. That our address for service in India is as follows:

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9. Following declaration was given by the inventor or applicant in the convention country. I/We the true and first inventors for this invention or the applicant in the convention country declare that the applicant herein is our assignee or legal representative. (Name, address, pat application No. & date) or NOT APPLICABLE) That to the best of my/our knowledge, information and belief the fact and matters stated herein are correct and that there is no lawful ground of objection to the grant of patent to me/us on this application. Following are the attachments with the application: (a) Form 2 - Complete Specification (5 copies). (b) Abstract (5 copies) (c) Drawings (5 copies) (d) Statement and Undertaking on Form 3 (5copies) (e) Form 5 (5 copies) (f) Declaration (g) Power of Authority on Form 26

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I/We request that a patent may be granted to me/us for the said invention. Dated this _____ day of _______ 2004. For, X. Y. Z. _________________________ (Name & Signature of the Authorised Signatory) To, The Controller of Patents The Patent Office, at MUMBAI

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FORM - 5 THE PATENTS ACT, 1970 (39 of 1970) DECLARATION AS TO INVENTORSHIP [See section 10(6); rule 13(6)] I/We, (a) X Y Z (Name of Applicant) (b)     Address of Applicant (c) Nationality: Hereby declare that the true and first inventor of the invention disclosed in the complete specification filed in pursuance of my/our application numbered ____________ dated _______ is: (a) A B C (Name of the inventor) (b)    Address of the inventor (c)     Nationality: Dated this _____ day of _____ 2004. For, X Y Z ______________________________ (Name and Signature of Patent Agent/ Authorised Signatory of Applicant) To, The Controller of Patents The Patent Office, at MUMBAI

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Timing for filing a patent application Filing of an application for a patent should be completed at the earliest possible date and should not be delayed. Delay in filing an application may entail some risks like, Other inventors might forestall the first inventor by applying for a patent for the said invention.

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There may be either an inadvertent publication of the invention by the inventor himself or by others. Term of the patent will be 20 years from the date of filing for all type of inventions. But the exception being seven years for pharmaceutical and food industry

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REGISTER OF PATENT The Register of Patents are kept in the Patent offices and can be inspected or extract from it can be obtained on payment of prescribed fee. Register of Patent contains the name and address of the patentee, notification of assignment etc., particulars in respect of validity or proprietorship of patent and payment of renewal fee .

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RENEWAL FEE To keep the patent in force, Renewal fee is to be paid every year. The first renewal fee is payable for the third year and must be paid before the expiration of the second year from the date of patent . If the renewal fees is not paid within the prescribed time, the patent will cease to have effect. However, provision to restore the patent is possible provided application is made within eighteen months from the date of cessation.

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Importance of Patent It maintain continuous stream of new ideas and experimentation so it directly point out at growth of a country. The burden of duplication of the invention is avoided : it saves further spending of time and money. Any interested person may buy the Patent, wherein the Patent becomes a nice tool for the transfer of technology.

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Patent provides protection to the Patentee, wherein, if the Patent is infringed, the Patentee may seek the legal remedies. Thus Patent is a form of social security to an inventor. Once, the life of the Patent is over, any person may freely, without paying any royalty to the Patentee, may enjoy the invent.

Patent office:

Patent office The patent office has its Head Office at Kolkata and Branch Offices at : Mumbai- Gujarat, Maharashtra, Goa etc. Chennai- Andhra Pradesh, Karnataka, Tamil Nadu New Delhi- Uttar Pradesh, Haryana, Jammu etc. Kolkata- The rest of India

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