Indian patent act

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THE INDIAN PATENT ACT - 1970 By:- Mrs Nimisha Jain Al-Ameen college of Pharmacy Bangalore

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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 coped or imitated without their consent. TYPES OF INTELLECTUAL PROPERTY

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THE INDIAN PATENT ACT - 1970 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

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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

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Why one should go for a 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.

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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’

What can not be patented? : 

What can not be patented? An invention which claims anything obvious contrary to well established natural laws; An invention the intended use of which can be injurious to public health; The mere discovery of a scientific principle or the formulation of an abstract theory; The mere discovery of any new property of new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

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The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; A method or process of testing, applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture; A method of agriculture or horticulture; Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products. Inventions relating to atomic energy. What can not be patented? Cont….

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Indian Patent Office Official website: Locations East – Kolkata (Calcutta) West – Mumbai (Bombay) North – Delhi South – Chennai (Madras) – includes Bangalore From where to get a patent ? The Patent Office, under the Ministry of Commerce & Industry, It has been established to administer the various provisions of the Patents Law relating to the grant of Patents.

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What are different types of patents Three types of patent are granted under the provisions of the act, namely: An Ordinary Patent A Patent Of Addition 3. A Patent Of Convention A second type of classification of patent is: Product Patent 2. Process Patent

Who can apply for a patent : 

Who can apply for a patent Application for a patent can be made by any person whether a citizen of India or not, claming to be the true or first inventor of the invention or by his “assignee” or legal representative. Application may be made alone or jointly with any other person. A company or firm cannot be named as the true inventor. The term person includes the Government.

What is the term of patent? : 

What is 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.

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How does a patent get expire? A patent can expire in the following ways: The patent has lived its full term. The patentee has failed to pay the renewal fee. 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. 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

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What Does Patent System Do ? It encourages RESEARCH. Induces an inventor to disclose his inventions instead of keeping them as secret. Provides inducement for capital investment Encouraging technological development. It encourages establishment of new industries.

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National Patent offices, International Information vendors like Dialog, Orbit, Questel STN, free or charge based patent web sites on Internet. Which are the main sources for patent information?

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Why one should access the patent literature? Before the start of the research and development project, one should scan the patent literature to stop re-inventing the wheel. or During the development phase, when stuck up with a technical problem, to find a technical solution. or Once the research is complete i.e. at the time of filing the patent application, to narrow down or broaden the claims and/or to draft the application for getting a patent.

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Other laws related to patents Cosco Law The Paris convention

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