logging in or signing up patents law of india subhopatra Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 4762 Category: Entertainment License: All Rights Reserved Like it (10) Dislike it (1) Added: April 20, 2009 This Presentation is Public Favorites: 4 Presentation Description No description available. Comments Posting comment... By: shivananda (2 month(s) ago) nice presentation sir. I am a researcher in Horticultue. i need this for my seminar plz share on shivuhort@gmail.com Saving..... Post Reply Close Saving..... Edit Comment Close By: mitali1419 (16 month(s) ago) please allow to download this article it is really informative... Saving..... Post Reply Close Saving..... Edit Comment Close By: tripurakrishna (16 month(s) ago) please allow to download this article it is really worthful Saving..... Post Reply Close Saving..... Edit Comment Close By: faizkhankhan (18 month(s) ago) i need to download this ppt. how can i download ? Saving..... Post Reply Close Saving..... Edit Comment Close By: brando1111 (19 month(s) ago) hi..... myself abhijeet lahoti i am proceeding my m.pharma subject Q.A Its my request to the ppt of patent law in india(1970) and intellecutal property laws send this on my email id email id - abhi_love1111@yahoo.com Saving..... Post Reply Close Saving..... Edit Comment Close loading.... See all Premium member Presentation Transcript Slide 1: 1 Patents Laws in India (1970) & Intellectual Property Laws Slide 2: 2 Intellectual Property Laws in India LEGISLATION The Patent system in India is governed by the Patents Act, 1970 (No 39 of 1970) & The Patents Rules 1972, effective from April 20,1972. Subsequently The Patents Act, 1970 is amended effective from January 1, 1995 & The Patents Rules, 1972 is amended effective from June 2, 1999. ADMINISTRATION The Patent Office, under the Ministry of Commerce & Industry, Department of Industrial Policy & Promotion, has been established to administer the various provisions of the Patents Law relating to the grant of Patents & The Designs Law, relating to the registration of Industrial Designs. Slide 3: 3 MEMBERSHIP OF INTERNATIONAL TREATIES India is member of the following treaties governing patents: Convention establishing World Intellectual Property Organization (WIPO) Trips Agreement under the World Trade Organization. Paris Convention for the protection of Industrial Property with effect from Dec. 7, 1998. Patent Cooperation Treaty (PCT) with effective from Dec. 7, 1998. Slide 4: 4 TYPES OF PATENTS Ordinary Patent Patents of addition Convention Slide 5: 5 India Simplifies Patent Norms India notified the Patents (Amendment) Rules 2006, bringing in changes to provide transparency, decentralization of the functioning of patent offices and simplify the procedures making them user-friendly. As per the changes notified under the Patents (Amendment) Rules, 2006, patent applications are now to be mandatory published within one month after expiry of the statutory period of 18 months. In case of request for an early publication, the application is to be published within one month from the date of request. This step will introduce an element of certainty regarding the date of publication, which was hitherto not available. Slide 6: 6 Further, with a view to enforcing transparency and ensuring time bound disposal of patent applications, definitive time frames have been prescribed for various activities by the patent offices. A patent application now has to be referred to an examiner within one month of a request for its examination and the controller will be required to take a decision within one month of its submission, it said, adding that the first examination report must be issued in six months of the date of request for examination of a patent. Slide 7: 7 PATENTABLE INVENTIONS An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention. Slide 8: 8 WHAT IS NOT PATENTABLE An invention that is frivolous or that claims anything obviously contrary to well-established natural laws; (2) An invention the primary or intended use of which would be contrary to law or morality or injurious to public health; (3) The mere discovery of a scientific principle or the formulation of an abstract theory; (4) The mere discovery of any new property or 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; Slide 9: 9 (5) 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; (6) The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way; (7) 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; (8) A method of agriculture or horticulture; (9) Inventions relating to atomic energy. Slide 10: 10 In the case of inventions relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) & substances intended for use or capable of being used as food. No patent will be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture will be patented. Slide 11: 11 APPROPRIATE OFFICE FOR FILING AN APPLICATION Application is required to be filed according to the territorial limits where the applicant or the first mentioned applicant in case of joint applicants for a patent normally resides or has domicile or has a place of business or the place from where the invention actually originated. If the applicant for the patent or party in a proceeding having no business, place or domicile in India., the appropriate office will be according to the address of service in India given by the applicant or party in a proceeding. Slide 12: 12 History of Indian Patent System Slide 13: 13 Slide 14: 14 Slide 15: 15 Procedures for Obtaining a Patent Right Slide 16: 16 The Patent Act, 1970 : 17 The Patent Act, 1970 The Patent Act, 1970 came into force on 20.4.1972 replacing Indian Patents and Designs Act, 1911. When India became independent, the Govt. of India appointed the Patent Enquiry Committee under the Chairmanship of Dr. Bakshi Tek Chand, a retired Judge of Lahore High Court in 1949 with a view to ensure that the Patent system was more conducive to national interest. The committee submitted its final report in April 1950. Slide 18: 18 In 1957, Govt. of India further appointed Justice N. Rajgopalan Ayyanger to examine and review the Patent law in India who submitted his report in September 1959 recommending the retention of Patent System despite its shortcomings. The Patent Bill, 1965 based mainly on his recommendations and incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. The bill was referred to a joint committee of Parliament on 25th November 1965. Slide 19: 19 Finally the bill was cleared by the Parliament and became law known as the Patents Act, 1970 after more than two decades. The present law was suited to changed political situation and economic needs for providing impetus to technological development by promoting inventive activities in the country. Slide 20: 20 The present Act contains XXIII chapters, which are relating to Patenting procedure, International arrangement and other misc. matters. This Act is regulated by the Patents Rules, 1972 which inter alia include Five Schedules concerning with fees, forms etc. Slide 21: 21 Under the existing Act the Government of India is authorized to make rules for carrying out the purposes of the Act and regulating the Patent Administration and accordingly Govt. brought into force Patents Rules, 1972 w.e.f. 20.4.1972. These Rules were amended on 2.6.99, under the present Act and rules in addition to grant of Patents. Provisions of grant of EMR have also been provided. Slide 22: 22 There are five Schedules to Patents Rules, 1972; the First Schedule prescribes the fees to be paid in respect of any matter arising out under the Act. Where any form specified in the Second Schedule to the Patents Rules, 1972, it shall be accompanied by specified fees or where payment is made within a prescribed period of time after the forms have been filed, the specified fee shall be paid within that period. Slide 23: 23 The texts of various forms required in connection with activities under the Patents Act, 1970 are set out in this schedule. These forms must be used wherever required and they are not to be modified without the consent of the Controller. The Third Schedule prescribes form of Patent that to be granted. The Fourth Schedule prescribes various types of costs to be awarded in various proceedings under the Act. As stated above, the fifth schedule specifies certain amendments to the Indian Patents & Designs Rule, 1933. Slide 24: 24 The Patents Act, 1970 in comparison with Indian Patents and Designs Act, 1911 has far more reaching effect in some areas such as food, Drug and Medicines where all the patents granted under this category and deemed to be endorsed with the words “Licence of Right”. Further the term of Patents related to Food, Drug & Medicines is seven years from the date of Patent or 5 years from its grant whichever is less. More elaborate definition of invention has been provided. Slide 25: 25 However, inventions relating to methods or processes of their manufacture are patentable. The area of search for novelty has been extended to any documents published anywhere in the world. The provisions for appeals to the High Court from the decision of Controller have also been provided. The provision for grant of compulsory license, license of right and revocation of Patent on the ground of nonworking has also been incorporated. Many of these provisions are kept in line with the development of Patent law in developed countries, particularly Great Britain. The major departure is in the reduction of the term of patent for the invention relating to the drug, Medicine & food and abolition of Product patent per se for Drug, Medicines, Food and Chemicals. Slide 26: 26 The chapter XXII provides international arrangements with the countries outside India, which afford to the applicants for Patents in India or citizens of India, similar privileges as are granted to its own citizens in respect of grant of Patent and the protection of their patent rights. Accordingly the Central Govt. may by notification in the Official Gazette declare such country/countries to be a conventional country/countries for the purpose of the Act. Slide 27: 27 India has become a member of the Paris Convention and PCT w.e.f. 7.12.1998 and by virtue of this, the Head Office of Patent Office & its Branch offices have become receiving offices for the purpose of international applications filed under PCT. In view of these developments, the Patents Rules, 1972 have been amended by incorporating a new chapter IIA dealing with international application which can be filed at Head office of the Patent office at Calcutta or Branch Offices at Delhi, Chennai & Mumbai w.e.f. 17.11.99 as applicable. Slide 28: 28 The present Act under Chapter IVA provides specific provisions for the grant of EMR (Exclusive Marketing Rights) with a view to fulfill its international obligation under the provisions of article 70.8 & 70.9 of TRIPs agreement which are in force w.e.f. 1.1.1995. Slide 29: 29 Inventions Not Patentable · Non Patentable inventions relating to atomic energy · Inventions where only methods or processes of manufacture Patentable Slide 30: 30 The main features of the Patents Act 1970 were as follows : There was no product patent for pharmaceuticals, food and chemical based products. These industrial sectors were covered by process patent only. The term of the patent was 7 years from the date of application or 5 years from the date of sealing of patent which ever period was lower. In order to ensure pronounced role of the domestic enterprises in the patented product a system of ‘licensing of right’ was also provided for the sectors covered by the process patent. There was no constrained on exports. The patent holder was under obligation of working the patent. There was also provision for revocation of patent for non-working. For licences of right the royalty ceiling was stipulated at 4 per cent. The following chart would indicate as to how the prices of medicines in India are the lowest as compared to other developing and developed countries. Slide 31: 31 TRIPS patents systemThe TRIPS Patents System is based upon a joint statement (paper) presented by the multinational associations of USA, Europe and Japan to the GATT Secretariat in June 1988 during the Uruguay Round Negotiations. The main features of the TRIPS patent system are as follows : TRIPS provides for patent protection 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. The foreign patent holders have been absolved from working of their patents and imports by them are to enjoy the same patent rights without discrimination as to the place of invention, field of technology and whether the products are imported or locally produced. Slide 32: 32 The term of all patents shall not end before the expiration of 20 years from the date of application. There is no ‘licensing of right’ provision. The compulsory licence provisions are having tight conditionalities with constraints for exports. There is no royalty ceiling for compulsory licences. The royalty payment is based on the economic value of the licence. The above features of the TRIPS Agreement have been implemented in the amending process of our Patents Act 1970 Slide 33: 33 Slide 34: 34 BRAZIL The Patents Act of Brazil provides for compulsory licence for exploitation of the patent as follows :Article 73. An application for a compulsory licence shall be drawn up by setting out the conditions offered to the patent owner.(1) On filing of the licence application, the patent owner shall be invited to submit his comments within a period of 60 days, on expiry of which, in the absence of a reply from the patent owner, the proposal shall be deemed accepted under the conditions offered. Slide 35: 35 CHINA The Patents Act 1992 of China provides for Compulsory Licence for exploitation of the patent as follows :Article 51. Where any entity which is qualified to exploit the invention or utility model has made requests for authorization from the patentee of an invention or utility model to exploit its or his patent on reasonable terms and such efforts have not been successful within a reasonable period of time, the patent office may, upon the application of that entity, grant a compulsory licence to exploit the patent for invention or utility model.The stipulation in Article 31(b) of TRIPS is a very important provision for substantive role by the domestic enterprises. In fact this provision is heart and soul of TRIPS for developing countries. This stipulation in TRIPS is almost similar to ‘licences of right’ provision in original Patents Act 1970. Slide 36: 36 Even meeting of export demands would be possible only when such a provision is there in the law as there should be some enterprise already producing for domestic demand. Only the producing enterprises can meet the export demand.It would be pertinent to mention that it takes almost three to four years to develop technology and stabalise the product. As such an enterprise already in production of the relevant patented products has to be there in the country to respond to export demand. In view of these consideration and the examples of other countries it is extremely important that provision is made through a new Section 84A as follows : Slide 37: 37 1. When the proposed user has made efforts to obtain authorization from the patentee to use the patent on reasonable commercial terms and conditions and that such efforts have not been successful within a period not exceeding 100 days, the controller shall at any time after the date of grant of patent grant compulsory licence to the applicant on such terms and conditions as he may deem fit.2. The commercial terms and conditions offered by the applicant shall be considered reasonable by the controller if royalty and other remuneration offered by him are within five per cent of the annual sale turnover at net ex-factory sale price (exclusive of excise duty and sales tax). Slide 38: 38 Price Control TRIPS Agreement is silent about the price control of patented products. The products protected under patents would enjoy monopoly in the market place and would certainly command high prices. Appropriate law should be strengthened to deal with the prices of the patented products at least for the initial period of 5 years. The importance of this aspect can be understood on the basis of example of prices of similar product in India, Pakistan and Indonesia. A pack of ten 500 mg tablets of Ciprofloxacin cost Rs. 29 in India whereas the price in Pakistan is Rs. 424 and in Indonesia it is Rs. 393 (converted to Indian Rupees). The prices of other pharmaceutical products are also almost in the similar proportion. Slide 39: 39 THE PATENTS ACT, 1970 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS Short title, extent and commencement. Definitions and interpretation. CHAPTER II INVENTIONS NOT PATENTABLE What are not inventions Inventions relating to atomic energy not patentable Inventions where only methods or processes of manufacture patentable. Slide 40: 40 CHAPTER III APPLICATIONS FOR PATENTS Persons entitled to apply for patents. Form of application Information and undertaking regarding foreign applications Provisional and complete specifications Contents of specifications Priority dates of claims of a complete specification Slide 41: 41 CHAPTER IV EXAMINATION OF APPLICATIONS Examination of application Search for anticipation by previous publication and by prior claim Consideration of report of Examiner by Controller Power of Controller to refuse or require amended applications in certain cases Power of Controller to make orders respecting division of application Power of Controller to make orders respecting dating of application Power of Controller in cases of anticipation Powers of Controller in case of potential infringement Power of Controller to make orders regarding substitution of applicants, etc. Time for putting application in order for acceptance Acceptance of complete specification Advertisement of acceptance of complete specification Effect of acceptance of complete specification Slide 42: 42 CHAPTER IVA EXCLUSIVE MARKETING RIGHTS 24A. Application for grant of exclusive rights 24B. Grant of exclusive rights 24C. Compulsory licences 24D. Special provision for selling or distribution 24E. Suits relating to infringements 24F. Central Government and its officers not to be liable. Slide 43: 43 CHAPTER V OPPOSITION TO GRANT OF PATENT Opposition to grant of patent In cases of "obtaining" Controller may treat application as application of opponent Refusal of patent without opposition Mention of inventor as such in patent Slide 44: 44 CHAPTER VI ANTICIPATION Anticipation by previous publication Anticipation by previous communication to Government Anticipation by public display, etc. Anticipation by public working Anticipation by use and publication after provisional specification No anticipation if circumstances are only as described in section 29, 30, 31 and 32 Slide 45: 45 CHAPTER VII PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS Secrecy directions relating to inventions relevant for defence purposes Secrecy directions to be periodically reviewed Consequences of secrecy directions Revocation of secrecy directions and extension of time Omitted Liability for contravention of section 35 or section 39 Finality of orders of Controller and Central Government Saving respecting disclosure to Government Slide 46: 46 CHAPTER VIII GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY Grant and sealing of patent Amendment of patent granted to deceased applicant Date of patent Form, extent and effect of patent Grant of patents to be subject to certain conditions Rights of patentee Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India Rights of co-owners of patents Power of Controller to give directions to co-owners Grant of patent to true and first inventor where it has been obtained by another in fraud of him Term of patent Slide 47: 47 CHAPTER IX PATENTS OF ADDITION Patents of addition Terms of patents of addition Validity of patents of addition. CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS Amendment of application and specification before Controller Amendment of specification before High Court Supplementary provisions as to amendment of application or specification Slide 48: 48 CHAPTER XI RESTORATION OF LAPSED PATENTS Applications for restoration of lapsed patents Procedure for disposal of applications for restoration of lapsed patents Rights of patentees of lapsed patents which have been restored. CHAPTER XII SURRENDER AND REVOCATION OF PATENTS Surrender of patents Revocation of patents Revocation of patent or amendment of complete specification on directions from Central Government in cases relating to atomic energy. Revocation of patent in public interest Slide 49: 49 CHAPTER XIII REGISTER OF PATENTS Register of patents and particulars to be entered therein Assignments, etc., not to be valid unless in writing and registered Registration of assignments, transmissions, etc. Power of registered grantee or proprietor to deal with patent Rectification of register by High Court Register to be open for inspection Slide 50: 50 CHAPTER XIV PATENT OFFICE AND ITS ESTABLISHMENT Controller and other officers Patent office and its branches Restriction on employees of patent office as to right or interest in patents Officers and employees not to furnish information, etc. Slide 51: 51 CHAPTER XV POWERS OF CONTROLLER GENERALLY Controller of have certain powers of a civil court Power of Controller to correct clerical errors, etc. Evidence how to be given and powers of Controller in respect thereof Exercise of discretionary powers by Controller Disposal by Controller of applications for extension of time Slide 52: 52 CHAPTER XVI WORKING OF PATENTS, COMPULSORY LICENCES, LICENCES OF RIGHT AND REVOCATION Definitions of "patented articles" and "patentee" General principles applicable to working of patented inventions Compulsory licences Matters to be taken into account in granting compulsory licences Endorsement of patent with the words "Licences of right" Certain patents deemed to be endorsed with the words "Licences of right" Effect of endorsement of patent with the words "Licences of right" Revocation of patents by the Controller for non-working When reasonable requirements of the public deemed not satisfied Slide 53: 53 Power of Controller to adjourn applications for compulsory licences, etc., in certain cases Procedure for dealing with applications under section 84, 86 and 89 Powers of Controller in granting compulsory licences General purposes for granting compulsory licences Terms and conditions of compulsory licences Licensing of related patents. Special provision for compulsory licences on notification by Central Government Order for licence to operate as a deed between parties concerned Slide 54: 54 CHAPTER XVII USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT Meaning of use of invention for purposes of Government Power of Central Government to use inventions for purposes of Government Rights of third parties in respect of use of invention for purposes of Government Acquisition of inventions and patents by the Central Government Reference to High Court of disputes as to use for purposes of Government Slide 55: 55 CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS Jurisdiction Power of court to make declaration as to non-infringement Power of court to grant relief in cases of groundless threats of infringement proceedings Defences, etc., in suits for infringement Relief’s in suits for infringement Right of exclusive licensee to take proceedings against infringement Right of licensee under section 84 to take proceedings against infringement Slide 56: 56 Restriction on power of court to grant damages or account of profits for infringement Restriction on power of court to grant injunction in certain cases Certificate of validity of specification and costs of subsequent suits for infringement thereof Relief for infringement of partially valid specification Scientific advisers Slide 57: 57 CHAPTER XIX APPEALS Appeals Procedure for hearing of appeals CHAPTER XX PENALTIES Contravention of secrecy provisions relating to certain inventions Falsification of entries in register, etc. Unauthorised claim of patent rights Wrongful use of words "patent office" Refusal or failure to supply information Practice by non-registered patent agents Offences by companies Slide 58: 58 CHAPTER XXI PATENT AGENTS Register of patent agents Qualifications for registration as patent agents Rights of patent agents Subscription and verification of certain documents by patent agents Restrictions on practice as patent agents Removal from register of patent agents and restoration Power of Controller to refuse to deal with certain agents Savings in respect of other persons authorised to act as agents Slide 59: 59 CHAPTER XXII INTERNATIONAL ARRANGEMENTS Notification as to convention countries Notification as to countries not providing for reciprocity Convention applications Special provisions relating to convention applications Multiple priorities Supplementary provisions as to convention applications Other provisions of Act to apply to convention applications Slide 60: 60 CHAPTER XXIII MISCELLANEOUS Avoidance of certain restrictive conditions Determination of certain contracts Fees Restrictions upon publication of specifications Reports of Examiners to be confidential Publication of patented inventions Power of Controller to call for information from patentees Evidence of entries, documents, etc. Declaration by infant, lunatic, etc. Service of notices, etc., by post Security for costs Slide 61: 61 Transmission of copies of specifications, etc., and inspection thereof. Information relating to patents Loss or destruction of patents Reports of Controller to be placed before parliament Patent to bind Government Right of Government to sell or use forfeited articles 157A. Protection of Security of India Power of High Courts to make rules Power of Central Government to make rules Rules to be placed before Parliament Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911. Repeal of Act 2 of 1911 in so far as it relates to patents and savings Amendment of Act 43 of 1958. Slide 62: 62 Definition and interpretation (1) In this Act, unless the context otherwise requires, - "assignee" includes the legal representative of a deceased assignee and references to the assignee of the legal representative or assignee of that person; "Controller" means the Controller General of Patents, Designs and Trade Marks referred to in section 73; "convention application" means an application for a patent made by virtue of section 135; "convention country" means a country notified as such under sub section (1) of Section 133; "district court" has the meaning assigned to that expression by the Code of Civil Procedure, 1908’ Slide 63: 63 "exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly: "food" means any article of nourishment and includes any substance intended for the use of babies, invalids or convalescents as an article of food or drink; Slide 64: 64 Government undertaking" means any industrial undertaking carried on – (i) by a department of the Government, or (ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or (iii) by a Government company as defined in section 617 of the Companies Act, 1956,1 of 1956 and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council; Slide 65: 65 What are not inventions The following are not inventions within the meaning of this Act, - an invention which is frivolous or which claims anything obvious contrary to well established natural laws; an invention the primary or intended use of which would be contrary to law or morality or 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; Slide 66: 66 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; 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. Slide 67: 67 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. Slide 68: 68 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 relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances them selves, but claims for the methods or processes of manufacture shall be patentable. You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
patents law of india subhopatra Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 4762 Category: Entertainment License: All Rights Reserved Like it (10) Dislike it (1) Added: April 20, 2009 This Presentation is Public Favorites: 4 Presentation Description No description available. Comments Posting comment... By: shivananda (2 month(s) ago) nice presentation sir. I am a researcher in Horticultue. i need this for my seminar plz share on shivuhort@gmail.com Saving..... Post Reply Close Saving..... Edit Comment Close By: mitali1419 (16 month(s) ago) please allow to download this article it is really informative... Saving..... Post Reply Close Saving..... Edit Comment Close By: tripurakrishna (16 month(s) ago) please allow to download this article it is really worthful Saving..... Post Reply Close Saving..... Edit Comment Close By: faizkhankhan (18 month(s) ago) i need to download this ppt. how can i download ? Saving..... Post Reply Close Saving..... Edit Comment Close By: brando1111 (19 month(s) ago) hi..... myself abhijeet lahoti i am proceeding my m.pharma subject Q.A Its my request to the ppt of patent law in india(1970) and intellecutal property laws send this on my email id email id - abhi_love1111@yahoo.com Saving..... Post Reply Close Saving..... Edit Comment Close loading.... See all Premium member Presentation Transcript Slide 1: 1 Patents Laws in India (1970) & Intellectual Property Laws Slide 2: 2 Intellectual Property Laws in India LEGISLATION The Patent system in India is governed by the Patents Act, 1970 (No 39 of 1970) & The Patents Rules 1972, effective from April 20,1972. Subsequently The Patents Act, 1970 is amended effective from January 1, 1995 & The Patents Rules, 1972 is amended effective from June 2, 1999. ADMINISTRATION The Patent Office, under the Ministry of Commerce & Industry, Department of Industrial Policy & Promotion, has been established to administer the various provisions of the Patents Law relating to the grant of Patents & The Designs Law, relating to the registration of Industrial Designs. Slide 3: 3 MEMBERSHIP OF INTERNATIONAL TREATIES India is member of the following treaties governing patents: Convention establishing World Intellectual Property Organization (WIPO) Trips Agreement under the World Trade Organization. Paris Convention for the protection of Industrial Property with effect from Dec. 7, 1998. Patent Cooperation Treaty (PCT) with effective from Dec. 7, 1998. Slide 4: 4 TYPES OF PATENTS Ordinary Patent Patents of addition Convention Slide 5: 5 India Simplifies Patent Norms India notified the Patents (Amendment) Rules 2006, bringing in changes to provide transparency, decentralization of the functioning of patent offices and simplify the procedures making them user-friendly. As per the changes notified under the Patents (Amendment) Rules, 2006, patent applications are now to be mandatory published within one month after expiry of the statutory period of 18 months. In case of request for an early publication, the application is to be published within one month from the date of request. This step will introduce an element of certainty regarding the date of publication, which was hitherto not available. Slide 6: 6 Further, with a view to enforcing transparency and ensuring time bound disposal of patent applications, definitive time frames have been prescribed for various activities by the patent offices. A patent application now has to be referred to an examiner within one month of a request for its examination and the controller will be required to take a decision within one month of its submission, it said, adding that the first examination report must be issued in six months of the date of request for examination of a patent. Slide 7: 7 PATENTABLE INVENTIONS An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention. Slide 8: 8 WHAT IS NOT PATENTABLE An invention that is frivolous or that claims anything obviously contrary to well-established natural laws; (2) An invention the primary or intended use of which would be contrary to law or morality or injurious to public health; (3) The mere discovery of a scientific principle or the formulation of an abstract theory; (4) The mere discovery of any new property or 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; Slide 9: 9 (5) 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; (6) The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way; (7) 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; (8) A method of agriculture or horticulture; (9) Inventions relating to atomic energy. Slide 10: 10 In the case of inventions relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) & substances intended for use or capable of being used as food. No patent will be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture will be patented. Slide 11: 11 APPROPRIATE OFFICE FOR FILING AN APPLICATION Application is required to be filed according to the territorial limits where the applicant or the first mentioned applicant in case of joint applicants for a patent normally resides or has domicile or has a place of business or the place from where the invention actually originated. If the applicant for the patent or party in a proceeding having no business, place or domicile in India., the appropriate office will be according to the address of service in India given by the applicant or party in a proceeding. Slide 12: 12 History of Indian Patent System Slide 13: 13 Slide 14: 14 Slide 15: 15 Procedures for Obtaining a Patent Right Slide 16: 16 The Patent Act, 1970 : 17 The Patent Act, 1970 The Patent Act, 1970 came into force on 20.4.1972 replacing Indian Patents and Designs Act, 1911. When India became independent, the Govt. of India appointed the Patent Enquiry Committee under the Chairmanship of Dr. Bakshi Tek Chand, a retired Judge of Lahore High Court in 1949 with a view to ensure that the Patent system was more conducive to national interest. The committee submitted its final report in April 1950. Slide 18: 18 In 1957, Govt. of India further appointed Justice N. Rajgopalan Ayyanger to examine and review the Patent law in India who submitted his report in September 1959 recommending the retention of Patent System despite its shortcomings. The Patent Bill, 1965 based mainly on his recommendations and incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. The bill was referred to a joint committee of Parliament on 25th November 1965. Slide 19: 19 Finally the bill was cleared by the Parliament and became law known as the Patents Act, 1970 after more than two decades. The present law was suited to changed political situation and economic needs for providing impetus to technological development by promoting inventive activities in the country. Slide 20: 20 The present Act contains XXIII chapters, which are relating to Patenting procedure, International arrangement and other misc. matters. This Act is regulated by the Patents Rules, 1972 which inter alia include Five Schedules concerning with fees, forms etc. Slide 21: 21 Under the existing Act the Government of India is authorized to make rules for carrying out the purposes of the Act and regulating the Patent Administration and accordingly Govt. brought into force Patents Rules, 1972 w.e.f. 20.4.1972. These Rules were amended on 2.6.99, under the present Act and rules in addition to grant of Patents. Provisions of grant of EMR have also been provided. Slide 22: 22 There are five Schedules to Patents Rules, 1972; the First Schedule prescribes the fees to be paid in respect of any matter arising out under the Act. Where any form specified in the Second Schedule to the Patents Rules, 1972, it shall be accompanied by specified fees or where payment is made within a prescribed period of time after the forms have been filed, the specified fee shall be paid within that period. Slide 23: 23 The texts of various forms required in connection with activities under the Patents Act, 1970 are set out in this schedule. These forms must be used wherever required and they are not to be modified without the consent of the Controller. The Third Schedule prescribes form of Patent that to be granted. The Fourth Schedule prescribes various types of costs to be awarded in various proceedings under the Act. As stated above, the fifth schedule specifies certain amendments to the Indian Patents & Designs Rule, 1933. Slide 24: 24 The Patents Act, 1970 in comparison with Indian Patents and Designs Act, 1911 has far more reaching effect in some areas such as food, Drug and Medicines where all the patents granted under this category and deemed to be endorsed with the words “Licence of Right”. Further the term of Patents related to Food, Drug & Medicines is seven years from the date of Patent or 5 years from its grant whichever is less. More elaborate definition of invention has been provided. Slide 25: 25 However, inventions relating to methods or processes of their manufacture are patentable. The area of search for novelty has been extended to any documents published anywhere in the world. The provisions for appeals to the High Court from the decision of Controller have also been provided. The provision for grant of compulsory license, license of right and revocation of Patent on the ground of nonworking has also been incorporated. Many of these provisions are kept in line with the development of Patent law in developed countries, particularly Great Britain. The major departure is in the reduction of the term of patent for the invention relating to the drug, Medicine & food and abolition of Product patent per se for Drug, Medicines, Food and Chemicals. Slide 26: 26 The chapter XXII provides international arrangements with the countries outside India, which afford to the applicants for Patents in India or citizens of India, similar privileges as are granted to its own citizens in respect of grant of Patent and the protection of their patent rights. Accordingly the Central Govt. may by notification in the Official Gazette declare such country/countries to be a conventional country/countries for the purpose of the Act. Slide 27: 27 India has become a member of the Paris Convention and PCT w.e.f. 7.12.1998 and by virtue of this, the Head Office of Patent Office & its Branch offices have become receiving offices for the purpose of international applications filed under PCT. In view of these developments, the Patents Rules, 1972 have been amended by incorporating a new chapter IIA dealing with international application which can be filed at Head office of the Patent office at Calcutta or Branch Offices at Delhi, Chennai & Mumbai w.e.f. 17.11.99 as applicable. Slide 28: 28 The present Act under Chapter IVA provides specific provisions for the grant of EMR (Exclusive Marketing Rights) with a view to fulfill its international obligation under the provisions of article 70.8 & 70.9 of TRIPs agreement which are in force w.e.f. 1.1.1995. Slide 29: 29 Inventions Not Patentable · Non Patentable inventions relating to atomic energy · Inventions where only methods or processes of manufacture Patentable Slide 30: 30 The main features of the Patents Act 1970 were as follows : There was no product patent for pharmaceuticals, food and chemical based products. These industrial sectors were covered by process patent only. The term of the patent was 7 years from the date of application or 5 years from the date of sealing of patent which ever period was lower. In order to ensure pronounced role of the domestic enterprises in the patented product a system of ‘licensing of right’ was also provided for the sectors covered by the process patent. There was no constrained on exports. The patent holder was under obligation of working the patent. There was also provision for revocation of patent for non-working. For licences of right the royalty ceiling was stipulated at 4 per cent. The following chart would indicate as to how the prices of medicines in India are the lowest as compared to other developing and developed countries. Slide 31: 31 TRIPS patents systemThe TRIPS Patents System is based upon a joint statement (paper) presented by the multinational associations of USA, Europe and Japan to the GATT Secretariat in June 1988 during the Uruguay Round Negotiations. The main features of the TRIPS patent system are as follows : TRIPS provides for patent protection 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. The foreign patent holders have been absolved from working of their patents and imports by them are to enjoy the same patent rights without discrimination as to the place of invention, field of technology and whether the products are imported or locally produced. Slide 32: 32 The term of all patents shall not end before the expiration of 20 years from the date of application. There is no ‘licensing of right’ provision. The compulsory licence provisions are having tight conditionalities with constraints for exports. There is no royalty ceiling for compulsory licences. The royalty payment is based on the economic value of the licence. The above features of the TRIPS Agreement have been implemented in the amending process of our Patents Act 1970 Slide 33: 33 Slide 34: 34 BRAZIL The Patents Act of Brazil provides for compulsory licence for exploitation of the patent as follows :Article 73. An application for a compulsory licence shall be drawn up by setting out the conditions offered to the patent owner.(1) On filing of the licence application, the patent owner shall be invited to submit his comments within a period of 60 days, on expiry of which, in the absence of a reply from the patent owner, the proposal shall be deemed accepted under the conditions offered. Slide 35: 35 CHINA The Patents Act 1992 of China provides for Compulsory Licence for exploitation of the patent as follows :Article 51. Where any entity which is qualified to exploit the invention or utility model has made requests for authorization from the patentee of an invention or utility model to exploit its or his patent on reasonable terms and such efforts have not been successful within a reasonable period of time, the patent office may, upon the application of that entity, grant a compulsory licence to exploit the patent for invention or utility model.The stipulation in Article 31(b) of TRIPS is a very important provision for substantive role by the domestic enterprises. In fact this provision is heart and soul of TRIPS for developing countries. This stipulation in TRIPS is almost similar to ‘licences of right’ provision in original Patents Act 1970. Slide 36: 36 Even meeting of export demands would be possible only when such a provision is there in the law as there should be some enterprise already producing for domestic demand. Only the producing enterprises can meet the export demand.It would be pertinent to mention that it takes almost three to four years to develop technology and stabalise the product. As such an enterprise already in production of the relevant patented products has to be there in the country to respond to export demand. In view of these consideration and the examples of other countries it is extremely important that provision is made through a new Section 84A as follows : Slide 37: 37 1. When the proposed user has made efforts to obtain authorization from the patentee to use the patent on reasonable commercial terms and conditions and that such efforts have not been successful within a period not exceeding 100 days, the controller shall at any time after the date of grant of patent grant compulsory licence to the applicant on such terms and conditions as he may deem fit.2. The commercial terms and conditions offered by the applicant shall be considered reasonable by the controller if royalty and other remuneration offered by him are within five per cent of the annual sale turnover at net ex-factory sale price (exclusive of excise duty and sales tax). Slide 38: 38 Price Control TRIPS Agreement is silent about the price control of patented products. The products protected under patents would enjoy monopoly in the market place and would certainly command high prices. Appropriate law should be strengthened to deal with the prices of the patented products at least for the initial period of 5 years. The importance of this aspect can be understood on the basis of example of prices of similar product in India, Pakistan and Indonesia. A pack of ten 500 mg tablets of Ciprofloxacin cost Rs. 29 in India whereas the price in Pakistan is Rs. 424 and in Indonesia it is Rs. 393 (converted to Indian Rupees). The prices of other pharmaceutical products are also almost in the similar proportion. Slide 39: 39 THE PATENTS ACT, 1970 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS Short title, extent and commencement. Definitions and interpretation. CHAPTER II INVENTIONS NOT PATENTABLE What are not inventions Inventions relating to atomic energy not patentable Inventions where only methods or processes of manufacture patentable. Slide 40: 40 CHAPTER III APPLICATIONS FOR PATENTS Persons entitled to apply for patents. Form of application Information and undertaking regarding foreign applications Provisional and complete specifications Contents of specifications Priority dates of claims of a complete specification Slide 41: 41 CHAPTER IV EXAMINATION OF APPLICATIONS Examination of application Search for anticipation by previous publication and by prior claim Consideration of report of Examiner by Controller Power of Controller to refuse or require amended applications in certain cases Power of Controller to make orders respecting division of application Power of Controller to make orders respecting dating of application Power of Controller in cases of anticipation Powers of Controller in case of potential infringement Power of Controller to make orders regarding substitution of applicants, etc. Time for putting application in order for acceptance Acceptance of complete specification Advertisement of acceptance of complete specification Effect of acceptance of complete specification Slide 42: 42 CHAPTER IVA EXCLUSIVE MARKETING RIGHTS 24A. Application for grant of exclusive rights 24B. Grant of exclusive rights 24C. Compulsory licences 24D. Special provision for selling or distribution 24E. Suits relating to infringements 24F. Central Government and its officers not to be liable. Slide 43: 43 CHAPTER V OPPOSITION TO GRANT OF PATENT Opposition to grant of patent In cases of "obtaining" Controller may treat application as application of opponent Refusal of patent without opposition Mention of inventor as such in patent Slide 44: 44 CHAPTER VI ANTICIPATION Anticipation by previous publication Anticipation by previous communication to Government Anticipation by public display, etc. Anticipation by public working Anticipation by use and publication after provisional specification No anticipation if circumstances are only as described in section 29, 30, 31 and 32 Slide 45: 45 CHAPTER VII PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS Secrecy directions relating to inventions relevant for defence purposes Secrecy directions to be periodically reviewed Consequences of secrecy directions Revocation of secrecy directions and extension of time Omitted Liability for contravention of section 35 or section 39 Finality of orders of Controller and Central Government Saving respecting disclosure to Government Slide 46: 46 CHAPTER VIII GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY Grant and sealing of patent Amendment of patent granted to deceased applicant Date of patent Form, extent and effect of patent Grant of patents to be subject to certain conditions Rights of patentee Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India Rights of co-owners of patents Power of Controller to give directions to co-owners Grant of patent to true and first inventor where it has been obtained by another in fraud of him Term of patent Slide 47: 47 CHAPTER IX PATENTS OF ADDITION Patents of addition Terms of patents of addition Validity of patents of addition. CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS Amendment of application and specification before Controller Amendment of specification before High Court Supplementary provisions as to amendment of application or specification Slide 48: 48 CHAPTER XI RESTORATION OF LAPSED PATENTS Applications for restoration of lapsed patents Procedure for disposal of applications for restoration of lapsed patents Rights of patentees of lapsed patents which have been restored. CHAPTER XII SURRENDER AND REVOCATION OF PATENTS Surrender of patents Revocation of patents Revocation of patent or amendment of complete specification on directions from Central Government in cases relating to atomic energy. Revocation of patent in public interest Slide 49: 49 CHAPTER XIII REGISTER OF PATENTS Register of patents and particulars to be entered therein Assignments, etc., not to be valid unless in writing and registered Registration of assignments, transmissions, etc. Power of registered grantee or proprietor to deal with patent Rectification of register by High Court Register to be open for inspection Slide 50: 50 CHAPTER XIV PATENT OFFICE AND ITS ESTABLISHMENT Controller and other officers Patent office and its branches Restriction on employees of patent office as to right or interest in patents Officers and employees not to furnish information, etc. Slide 51: 51 CHAPTER XV POWERS OF CONTROLLER GENERALLY Controller of have certain powers of a civil court Power of Controller to correct clerical errors, etc. Evidence how to be given and powers of Controller in respect thereof Exercise of discretionary powers by Controller Disposal by Controller of applications for extension of time Slide 52: 52 CHAPTER XVI WORKING OF PATENTS, COMPULSORY LICENCES, LICENCES OF RIGHT AND REVOCATION Definitions of "patented articles" and "patentee" General principles applicable to working of patented inventions Compulsory licences Matters to be taken into account in granting compulsory licences Endorsement of patent with the words "Licences of right" Certain patents deemed to be endorsed with the words "Licences of right" Effect of endorsement of patent with the words "Licences of right" Revocation of patents by the Controller for non-working When reasonable requirements of the public deemed not satisfied Slide 53: 53 Power of Controller to adjourn applications for compulsory licences, etc., in certain cases Procedure for dealing with applications under section 84, 86 and 89 Powers of Controller in granting compulsory licences General purposes for granting compulsory licences Terms and conditions of compulsory licences Licensing of related patents. Special provision for compulsory licences on notification by Central Government Order for licence to operate as a deed between parties concerned Slide 54: 54 CHAPTER XVII USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT Meaning of use of invention for purposes of Government Power of Central Government to use inventions for purposes of Government Rights of third parties in respect of use of invention for purposes of Government Acquisition of inventions and patents by the Central Government Reference to High Court of disputes as to use for purposes of Government Slide 55: 55 CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS Jurisdiction Power of court to make declaration as to non-infringement Power of court to grant relief in cases of groundless threats of infringement proceedings Defences, etc., in suits for infringement Relief’s in suits for infringement Right of exclusive licensee to take proceedings against infringement Right of licensee under section 84 to take proceedings against infringement Slide 56: 56 Restriction on power of court to grant damages or account of profits for infringement Restriction on power of court to grant injunction in certain cases Certificate of validity of specification and costs of subsequent suits for infringement thereof Relief for infringement of partially valid specification Scientific advisers Slide 57: 57 CHAPTER XIX APPEALS Appeals Procedure for hearing of appeals CHAPTER XX PENALTIES Contravention of secrecy provisions relating to certain inventions Falsification of entries in register, etc. Unauthorised claim of patent rights Wrongful use of words "patent office" Refusal or failure to supply information Practice by non-registered patent agents Offences by companies Slide 58: 58 CHAPTER XXI PATENT AGENTS Register of patent agents Qualifications for registration as patent agents Rights of patent agents Subscription and verification of certain documents by patent agents Restrictions on practice as patent agents Removal from register of patent agents and restoration Power of Controller to refuse to deal with certain agents Savings in respect of other persons authorised to act as agents Slide 59: 59 CHAPTER XXII INTERNATIONAL ARRANGEMENTS Notification as to convention countries Notification as to countries not providing for reciprocity Convention applications Special provisions relating to convention applications Multiple priorities Supplementary provisions as to convention applications Other provisions of Act to apply to convention applications Slide 60: 60 CHAPTER XXIII MISCELLANEOUS Avoidance of certain restrictive conditions Determination of certain contracts Fees Restrictions upon publication of specifications Reports of Examiners to be confidential Publication of patented inventions Power of Controller to call for information from patentees Evidence of entries, documents, etc. Declaration by infant, lunatic, etc. Service of notices, etc., by post Security for costs Slide 61: 61 Transmission of copies of specifications, etc., and inspection thereof. Information relating to patents Loss or destruction of patents Reports of Controller to be placed before parliament Patent to bind Government Right of Government to sell or use forfeited articles 157A. Protection of Security of India Power of High Courts to make rules Power of Central Government to make rules Rules to be placed before Parliament Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911. Repeal of Act 2 of 1911 in so far as it relates to patents and savings Amendment of Act 43 of 1958. Slide 62: 62 Definition and interpretation (1) In this Act, unless the context otherwise requires, - "assignee" includes the legal representative of a deceased assignee and references to the assignee of the legal representative or assignee of that person; "Controller" means the Controller General of Patents, Designs and Trade Marks referred to in section 73; "convention application" means an application for a patent made by virtue of section 135; "convention country" means a country notified as such under sub section (1) of Section 133; "district court" has the meaning assigned to that expression by the Code of Civil Procedure, 1908’ Slide 63: 63 "exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly: "food" means any article of nourishment and includes any substance intended for the use of babies, invalids or convalescents as an article of food or drink; Slide 64: 64 Government undertaking" means any industrial undertaking carried on – (i) by a department of the Government, or (ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or (iii) by a Government company as defined in section 617 of the Companies Act, 1956,1 of 1956 and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council; Slide 65: 65 What are not inventions The following are not inventions within the meaning of this Act, - an invention which is frivolous or which claims anything obvious contrary to well established natural laws; an invention the primary or intended use of which would be contrary to law or morality or 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; Slide 66: 66 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; 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. Slide 67: 67 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. Slide 68: 68 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 relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances them selves, but claims for the methods or processes of manufacture shall be patentable.