An Assignment on Intellectual Property

rights Topic:- Procedure for Obtaining Patents

Under the guidance of Dr. S.Z Amani

Ankit Yadav ,B.A LLB(H), Roll no. 05, 9th Semester, 5th year

ACKNOWLEDGEMENTI would like to thank my IPR law Teacher Dr. S. Z Amani for providing me with the topic Procedure for obtaining Patents and for his support and guidance. I would also like to thank my Friends and Peers for their continuous encouragement.

Thank You

Ankit yadav

Procedure For Obtaining A Patent

         Introduction

A patent is one of the forms of intellectual property. The object of the

patent law has been explained by the Supreme Court in M/s. Bishwanath

Parsad Radhey Shyam v. Hindustan Metal Industries1 as follows:” The object

of patent law is to encourage scientific research, new technology and industrial

progress. The grant of exclusive privilege to own, use or sell the method or

product patented for a limited period, stimulates new inventions of commercial

utility.2 The price of the grant of the monopoly is the disclosure of the

invention at the patent office, which after the expiry of the period of monopoly,

passes into public domain. A patent is granted only for an invention which

must be new and useful. It must have novelty and utility.

The patents are granted to encourage inventions and to secure that the

inventions are worked in India on a commercial scale and to the fullest extent

that is reasonable practicable3 without undue delay.4

‘Patent’ is a grant made by the government to an inventor, conveying

and securing him the exclusive right to make, use and sell his invention for a

term of 20 years. A system of patents serves many useful purposes.5 If the

invention is commercially utilized, the patent ensures just reward in terms of

money and recognition for the inventor, for all the time and effort, knowledge

and skills, money and other resources invested to come up with the invention.

For the society, commercial exploitation of an invention means new and better

products, higher productivity, and more efficient means of production.6

The objective of granting the patent is to ensure that it is worked

(utilized) in the country; and it is not meant to block production or further

research and development. A patent system encourages technological

innovation and dissemination of technology.7 This in turn stimulates growth

and helps the spread of prosperity and better utilization of resources. In an age

when technology and knowledge are the greatest generators of wealth, the

number of patents filed and granted nationally and internationally is a good

indicator of the health of science and technology in a country.8 Patent is granted

by a state and hence has territorial applicability. That is, it is valid only in the

country, which grants the patent. There is no mechanism to obtain a global

patent and we have to apply separately in all the countries where we want the

invention to be protected.

However, the Patent Cooperation Treaty9 of the World Intellectual

Property Organisation10 seeks to facilitate grant of patents in the participating

countries. There were 169 countries, party to the PCT as on April 1, 2010.11

India joined the PCT on December 7, 1998. Under the PCT, one international

application for patent on an invention can be filed in any country party to the

PCT12, designating other PCT countries where the patent is sought. The effect

of it is that the patent in a designated state, when granted, will have the same

priority date as for the first international application.13 However, in each

designated country, a separate application for patent is to be filed as per the

requirements of that country. Each country has to examine the application

independently for granting a patent.14

History of the patent system: The practice of granting

monopolies by patent has a long history of over 600 years. The term patent can

be traced to the term Letters Patent, a grant in the form of a document rolled up

with the King’s or Queen’s seal appended at the bottom, conferring certain

rights and privileges on an individual.15 The grant was not sealed or closed but

it was open to public. Though letters patent were granted for various purposes,

they were most often granted to inventors, and hence the word ‘patent’ was

eventually used to describe the inventor’s monopoly.16

The law relating to patents in India is governed by the Patents Act, 1970

as amended by Patents (Amendment) Act, 1999, Patents (Amendment) Act,

2002 and Patents (Amendment) Act, 2005 which came into force with effect

from 1 January 2005. In our discussion, we will refer to this act as the Indian

Patents Act.

The purpose of patents is to afford protection to the inventor for the

invention for a limited period in exchange for the disclosure of all the

necessary knowledge to ensure its commercial working. It provides an

exclusive right to the inventor for exploiting the invention and affords

protection against unauthorised use of the invention by third parties. The main

objective of national patent legislation is to accelerate the technological and

industrial development of the country.17

A patent is an exclusive monopoly right granted to the inventor

(patentee) to make, use, license or sell the invention for a limited period of

time. After the expiry of the patent term, anybody from the public can use the

invention as it passes into public domain.

Procedure for obtaining a patent

The Act laysdown the detailed procedure to be observed by the applicant

in getting a patent. The procedure involves the following formalities to be

completed by the applicant.

i. Submission of Application.

ii. Examination of Application.

iii. Acceptance of complete specification.

iv. Opposition of grant of patent.

v. Granting and sealing of patent.

(1) Submission of Application: An application for a patent for an invention

may be made by a person claiming to be the true and first inventor18 of the

invention or his assignee19, or by the legal representative of any deceased

person who immediately before his death was entitled to make such an

application20. The term true and first inventor means that the claimant has to be

the actual inventor and not merely be the first importer of the invention or the

first person to whom the invention is communicated from outside India.

In case the inventor is employee of an organization, the inventions made

during the employment would be patentable in the name of the employee.

However, the ownership of the patent (i.e. rights of using, manufacturing,

selling etc.) will be dependent on the terms of contract between the employee

and employer.21 It is a common practice in the Research & Development

organizations to keep the ownership rights with the employer though the patent

is in the employee’s (inventor’s) name.

Filing a patent application: There is only one application filed for

one invention. This must be done in a prescribed form22 along with the

prescribed fees in the appropriate patent office. It should be accompanied by a

provisional or a complete specification.23

If the application is filed by the assignee24, it must be accompanied with

the proof of the right to make the application. Every application must state that

the applicant is in possession of the invention and shall name of the owner

claiming to be the true and first inventor. Where the true and first inventor is

not the applicant, a declaration is required that the applicant believes the person

so named to be the true and first inventor.25

Every international application under the PCT for a patent designating

India shall be deemed to be an application under the Indian Patents Act

if a corresponding application has also been filed before the Controller

in India.26 Recently the WIPO has launched the facility of electronic

patent filing under PCT. Typically, the form of application for grant of

an Indian patent asks for:

(i) full name, address, nationality of the applicant(s) and inventor(s);

(ii) patent specifications; and

(iii) whether an application has been made or patent granted in a PCT or a

convention country, which affords to citizens of India, or applicants for

patents in India.

Similar privileges as granted to its own citizens in matters of patent and which

has been so notified by the central government with relevant dates.

Filing of provisional and complete specification: A

specification27 is an accurate description of the patent stating how the invention

can be carried out by the method best known to the applicant. The specification

ends with a claim or claims defining the scope of the invention for which

protection is claimed.

Every application must be accompanied by a provisional or a complete

specification.28 It is possible to file the application with provisional

specifications. A provisional specification furnishes the initial description of an

invention when the application is filed and a complete specification furnishes

complete details of an invention. A description of the invention is called the

specification. The provisional specification contains only a general description

of the invention, its filed of application and anticipated results. The complete

specification consists of the full description of the invention will all the claims

over which the applicant seeks monopoly right. But it is necessary to file the

complete specifications within twelve months of filing the original patent

application. The application is deemed to be abandoned29 if this condition is not

met. The twelve months limit can be extended to 15 months if an application is

made to the Controller with such request and the prescribed fee is paid.

A complete specification filed may include claims in respects of

developments of or additions to the invention described in provisional

specification. The inventor is entitled to apply for a separate patent in respect of

such developments/additions. In case of a convention application the patent

application must be accompanied with a complete specifications only. The

claim/claims of a complete specification relate to a single invention, or to a

group of inventions, which form a single inventive concept e.g. in an

instrument there may be 8 or 10 different inventions used. All these could be

separately patented; or they can be patented together as a group; if they form an

integrated instrument.30

The specification must contain31 the following:

Title, sufficiently indicating the subject-matter;

Relevant drawings;32

If required a model of sample of anything illustrating the invention

should be furnished before the acceptance of the application;33

Full and particular description of the invention;

Details of its operation or use and the method by which it is to be

performed;

Disclosure of the best method of performing the invention;

Claims defining the scope of the invention substantiated by the

disclosure;

Abstract providing technical information on the invention;

Declaration as to the inventorship34 of the invention.

A person claiming a patent has not only to allege the improvement in art

in the form but also that the improvement effected a new and very useful

addition to the existing state of knowledge.35 It is the duty of the patentee to

state clearly and distinctly the nature and limits of what he claims. If the

language used by the patentee is obscure and ambiguous, no patent can be

granted and it is immaterial whether the obscurity in the language is due to

design or carelessness or want of skill. In considering whether the claim as

made by the inventor is an invention, it will have to be considered whether the

subject matter is obvious. Obviousness is to be judged by a standard of a man

skilled in the art concerned.36

If an invention is an improvement in or modification of another

invention, for which the patent has been obtained or has been applied for, the

Controller may grant the patent for modification/improvement, as a patent of

addition; however the patentee for both the original patent and the patent of

addition has to be the same. Each claim of a complete specification has a

priority date. In a simple case, where a complete specification is filed in

pursuance of a single application with a provisional specification, the priority

date of a claim is the date of the filing of the application.37 This is true if the

claim is ‘fairly based’ on the matter disclosed in the specification. However, in

some cases, the priority date may be different than the date of filing.

Publication of the application: Normally every patent application is published

after 18 months of filing the application and objections are invited. The patent

application shall not be open to the public for eighteen months after the date of

filing, or date of priority, whichever is earlier.38 However, if the invention is

considered relevant for defence purposes, the Controller may issue direction to

prohibit or restrict such publication.39 In the case of secrecy direction, the

application will be published when the secrecy directions cease to operate.40

The publication will include the particulars of the date of application, number

of application, name and address of the applicant and an abstract. Upon

publication of an application, the patent office, on payment of the prescribed

fees, will make the specification and drawings, available to the public. If the

specification mentions a biological material, which is not available to the

public, the applicant is required to deposit the material in an authorised

depository institution. From this institute, the biological material mentioned in

the specification is made available to the public, as necessary.

(2) Examination of the application: For granting a patent, examination of the

application is a mandatory step. However, such examination is taken up only if

the applicant or any other interested person makes a request in the prescribed

manner41 for such examination42 within 48 months from the date of filing of the

patent application.43 If such request is not made within the prescribed time, the

patent application is treated as withdrawn. When the patent application is in

respect of an invention for a chemical substance used as an intermediate in the

preparation of a medicine or drug including insecticides etc used for protection

or preservation of plants, the request for examination has to be made within a

period of 12 months from 31st December, 2004 or within 48 months from the

date of the application, whichever is later. If such a request is not so made, the

application shall be treated as withdrawn.44

After a request for examination is made, the Controller refers the

application, specification and the related documents to an examiner for making

a report within 18 months on:

1. whether the application and the specification and other documents

relating thereto are in accordance with the requirements of the Act;

2. whether there is any lawful ground of objection to the grant of the patent

under the Act;

3. whether the invention has been anticipated by publication before the

date of filing of applicant’s complete specification; and

4. on any other matter which may be prescribed.

Of these matters, search for anticipation by previous publication and by

prior claim is important. This search requires investigation in the publications

and specifications of prior applications and specifications of patents already

granted to see whether the same invention has already been published or

claimed or is the subject matter of existing or expired patents.45

The examiner has to make his report within the period as may be

prescribed from the date of such reference. The act directs the Controller not to

refer an application for making the aforesaid report to the Examiner in respect

of a claim for patent for medicines and drugs covered under Section 5(2) of the

Act, and an application for grant of exclusive marketing rights to sell or

distribute the article or substance in India.46

However, such an application will be referred to the Examiner for

making a report as to whether the invention within the meaning of the Act in

terms of section 347 or the invention is one for which no patent can be granted

under section 448 of the Act.

Examiner’s investigation49: When an application is referred to an

examination, by the Controller of Patents, the Examiner has to make

investigation as to whether the invention has already been published or claimed

by any other person under the Act.

Powers of the Controller of Patents50: If the report of the

Examiner is adverse to the applicant of requires any amendment of the

application or of the specification, to ensure compliance with the provisions of

the Act, it is the duty of the Controller to communicate the gist of objections to

the applicant and to give the applicant an opportunity of hearing. The

Controller may refuse to proceed with the application or specification if it is

contrary to the provisions of the Act.51 He may also require that the application,

specification or drawings to be amended to his satisfaction. On his failure the

Controller can refuse the application.52

Subject to the provisions of section 9, at any time after the filing of an

application and before grant of the patent of the under this Act, the Controller

may, at the request of the applicant direct that the application shall be post-

dated to such date as may be specified in the request and proceed with the

application accordingly.53 Where it appears to the Controller that the invention

has been anticipated as referred to under this Act54, he may refuse application

unless the applicant:

1. shows that the priority date of the claim of his specification is not later

than the date on which the relevant document was published; or

2. amends this complete specification to the specification of the Controller.

If the consequence of the investigations, it appears to the Controller that

an invention cannot be performed without substantial risk of infringement of a

claim of any other patent, he may direct that a reference so that other patent

should be in the applicant’s complete specification by way of notice to the

public unless:-

1. the applicant shows to the satisfaction of the Controller that the there are

reasonable grounds for contesting the validity of the said claim of the

other patent; or

2. the complete specification is amended to the satisfaction of the

Controller.

The Controller may delete the reference to that other patent under the

circumstances mentioned under section 19(2). The Controller has power to

make orders regarding substitution of applicants under this Act.55

Abandonment of application56: An application for a patent shall be deemed to

be abandoned if an application or complete specification has been referred by

the Controller to the applicant with the statement of objections and applicant

fails to comply with the requirements within such period as may be prescribed.

If any appeal is pending, the Appellate Board can fix any time for compliance

of the requirements of Controller.

If the examiner raises any objections, the Controller will communicate

the gist of the objections to the applicant.57 If the objections raised by the

examiner are removed satisfactorily within 12 months, the Controller will

accept the complete specification.58 If the objections are not removed

satisfactorily, the application is refused after giving an opportunity of hearing

to the applicant.

(3) Acceptance and advertisement of complete specifications59: Once the

complete specification is accepted, Controller notifies it to the applicant and

also advertises it in the Official Gazette. On advertisement, the application and

the specification with the drawings, if any, are open for public inspection. From

the date of advertisement of the acceptance of the complete specification and

until the date of sealing of the patent, the applicant will have the like privileges

and rights as if a patent for the invention had been sealed on the date of

advertisement. However, the applicant is not entitled to initiate any proceedings

for infringement until the patent has been sealed.60

Opposition to the grant of patent: Any person interested in

opposing the grant of patent may give notice to the Controller of such

opposition within 4 months from the date of advertisement61 of the acceptance

on the grounds like62:

1. the invention was wrongfully obtained by the inventor/applicant; or

2. the invention claimed has been published before the priority date of the

claim; or

3. the invention, as claimed in any claim of the complete specification has

been anticipated in a specification filed for another patent earlier; or

4. the invention as claimed in any claim was publicly known/used in India

before the priority date of the claim; or

5. the invention is obvious and clearly does not involve any inventive step;

or

6. the complete specification does not sufficiently and clearly describe the

invention or the method by which it is to be performed; or

7. the subject of the patent is not an invention, within the meaning of the

Act; or is not patentable under this Act; or

8. the information furnished is false; or

9. geographical origin of biological material is not disclosed or falsely

disclosed; or

10. the invention is anticipated having regard to the knowledge, oral or

otherwise available within any local or indigenous community in India

or elsewhere; or

11. in the case of a convention application (an application filed in India

following a patent application for the same invention made in a

convention country), the application was not made in the prescribed

time. Convention country means a country notified as such by the

central government. On receipt of the notice of opposition, the

Controller shall notify the applicant of it and may give opportunity of

hearing to both parties, and arrive at a decision.

Section 25 further says that no other ground is available.

Where the Controller receives the notice of opposition63, he will notify it

to the applicant and decide the issue after hearing both sides. A person

interested must be a person, who has a direct, present and tangible commercial

interest or public interest which may be injured or affected by the grant of

patent.64

         Grant and Sealing of patent

This is the last stage in obtaining a patent. Where the application for a

patent along with complete specification has been accepted either without

opposition or after the opposition, a patent shall be granted if the applicant

makes a request in the prescribed manner for a grant of patent.65 The request

has to be made within six months from the date of advertisement of the

acceptance of the complete specification. The patent so granted shall be sealed

with the seal of the patent office and the date of sealing of patent shall be

entered in the register.

Patents of addition66: In respect of any improvement in or modification of a

precious invention already patented, a patent called ‘patent of addition’ may be

obtained. The term of the patent addition will run concurrently and terminate

with the main patent. A patent of addition shall not be granted before the grant

of the patent for the main invention.

In case, the patent was granted to the deceased person or a body

corporate which had ceased to exist, before the patent was granted, the

Controller may amend the patent by substituting for the name of that person to

whom the patent ought to have been granted and the patent has to be deemed to

have effect.

Date of patent: The patent shall be dated as of the date on which application

for the patent was filed.67 The date of every patent has to be entered in the

register. In the case of any complaint of an infringement committed before the

date of publication of the application, a suit or other proceeding cannot be

instituted.

Every patent shall be in the prescribed form68 and shall have effect

throughout India. A patent shall be granted for one invention only.69

        Consequences of grant of a patent

A patent confers on the patentee, his agent or assignee the exclusive

right to the patented invention for a limited period to the exclusion of all others.

The patentee not only gets a monopoly right over the said invention for a

limited period to make or use the invention or to market it, but also the right to

prevent others from making, using or marketing such invention during the

period of protection.

Imposition of conditions: Under the Act, a patent is granted subject to certain

conditions. The subject matter of the grant may be used by the government for

its use, or hospitals. So also it can be used for the purpose of experiment or

research in importing instructions to pupils.

The grant of a patent under this act, will be subject to the conditions that70:-

i. any machine, apparatus or other article in respect of which the patent is

granted or any article made by using a process in respect of which the

patent is granted, may be imported or made by on behalf of the

government for the purpose merely of its own use;

ii. any process in respect of which the patent is granted may be used by o

on behalf of the government for the purpose merely of its own use;

iii. any machine, apparatus or other article in respect of which the patent is

granted or any article made by using a process in respect of which the

patent is granted, may be made or used and any process in respect of

which the patent is granted may be used by any person for the purpose

merely of experiment or research including the imparting of instructions

to pupils; and

iv. in the case of patent in respect of any medicine or drug, the medicine or

drug may be imported by the government for the purpose merely of its

own use or for distributing to an dispensary, hospital or other medical

institutions maintained by or on behalf of the government or any other

dispensary, hospital or the medical institution which the central

government may, having regard to the public service that such

dispensary, hospital or medical institutions renders, specify in this

behalf by notification in the official gazette.

Term of patent71: The Act, grants patent for a term of 20 years under

sections 53. This section was amended by the Patents (Amendment) act, 2002

with effect from 20.05.2003. Previously the term of patent was not the same for

all kind of invention. In certain cases, it was granted for 7 years and in other

cases for 14 years. Now it is provided for 20 years for all inventions from the

date of filling of application for the patent.

The patent shall cease to have effect notwithstanding anything thereon

or in this Act on the expiration of the period prescribed for the payment of any

renewal fee72, if that fee is not paid within the prescribed period or within that

period had extended under this Act.73

        

Conclusion

The justification for the granting patent right is discussed in detail in

Chiron corporation v. Organon Teknika Ltd.(No.10)74. It has been pointed out

that “it is generally accepted that the opportunity of acquiring monopoly rights

in an invention stimulates technical progress in at least four ways: First, it

encourages research and invention; secondly, it induces an inventor to disclose

his discoveries instead of keeping them a secret; thirdly, it offers a reward for

the expense of developing inventions to the state at which they are

commercially practical and fourthly, it provides an inducement to invest capital

in new lines o production which might not appear profitable if many competing

producers embarked on them simultaneously…”

Encouragement, inducement and reward are the main factors underlying

the patent system. The public interest although apparently jeopardized by the

grant of monopoly, is secured by increased industrial activity, developing new

technologies and disclosure of new and useful invention. Furthermore, patent

law contains a number of safeguards, such as compulsory licensing and crown

use, to curb any significant abuse of the patent monopoly.

Thus the presence of a strong and effective patent system may bring

numerous benefits such as the dissemination of information and providing an

incentive to invest in the development of new products and process which will

eventually fall into the public domain.

BIBLIOGRAPHY

List of Books:

David Bainbridge, Intellectual Property Rights (Pearson Education

Limited, Delhi, 5th edn., 2002).

W.R. Cornish, Intellectual Property: Patents, Copy right, Trade marks

and Allied Rights (Sweet and Maxwell, London, 3rd edn., 1996).

Paul Torremans and Holyoak, Intellectual Property Law (Oxford

University Press, New York, 4th edn., 2005).

Daniel Gervais, TRIPS Agreement, The Drafting History and Analysis

(Sweet & Maxwell, London, 3rd edn., 2008)

Indian Law Institute, Intellectual Property Rights: A global vision

(Indian Law Institute, New Delhi, 2004)

P. Narayanan, Patent Law (Eastern Books Agency, Kolkatta 3rd edn.,

1998).

P. Narayanan, Intellectual Property Law (Eastern Books Agency,

Kolkatta 3rd edn., 2001).

J.K. Das, Intellectual Property Rights (Kamal Law House, Kolkatta,

2008).

Elizabeth Verkey, Law of Patents (Eastern Books Agency, Kolkatta,

2009).

Vikas Vashishth, Law and Practice of Intellectual Property Law in

India (Bharat Law House, Kolkatta 1999).

B.L. Wadera, Law relating to patents, trade marks, copy right, designs

& geographical indications (Universal Law Publising Co Ltd, New

Delhi, 2nd edn., 1999).

II List of Articles:

S. Vedaraman, “Patent Law in India”, 28(21) Mainstream 35-8 (1989).

V.K. Gupta, “Patent Regime in the Twenty First Century”, 18 Delhi

Law Review 266-71 (1996).

Suman Sahai, “Indian Patent Act and TRIPs”, 28 Economic & Political

Weekly 1495-97 (1993).

Mamidama Ravi, “Patents for Economic Development”, 7 Corporate

Law Adviser 1-3 (2003).

Pravin Anand, “ Patent Cooperation Treaty (PCT): Reforms from the

Perspective of a Developing Country” 21 The Patent & Trade Mark

Cases 1-6 (2001).

III List of Statutes:

The Indian Patent Act, 1970.

The Patents Act, 1977 (U.K.).

IV List of International Conventions:

The Agreement on Trade related aspect of Intellectual Property, 1996.

The Paris Convention, 1883.

The Patent Cooperation Treaty, 1970.

V List of Websites:

http://www.wto.org/

http://www.wto.org/english/tratop_e/trips_e/trips_e.htm

http://www.wto.org/english/tratop_e/dda_e/dda_e.htm

http://www.wipo.int/pct/en/

1 AIR 1982 SC 1444.

2 David Bainbridge, Intellectual Property Rights 45 (Pearson Education Limited, Delhi, 5th edn., 2002).

3 See Patents Act, 1970, s. 89 (a).

4 Id., s. 83 (a).

5 P. Narayanan, Patent Law 3 (Eastern Books Agency, Kolkatta 3rd edn., 1998).

6 B.L. Wadera, Law relating to patents, trade marks, copy right, designs & geographical indications 55 (Universal Law Publising Co Ltd, New Delhi, 2nd edn., 1999); Mamidama Ravi, “Patents for Economic Development”, 7 Corporate Law Adviser 1-3 (2003).

7 Supra note 2.

8 W.R. Cornish, Intellectual Property: Patents, Copy right, Trade marks and Allied Rights (Sweet and Maxwell, London, 3rd edn., 1996).

9 Hereinafter ‘PCT’.

10 Hereinafter ‘WIPO’.

11 List of countries are available at: http://www.bpmlegal.com/pctco.html (visited on April 02, 2010).

12 See Patents Rules, 2003, Rule 18.

13 Pravin Anand, “ Patent Cooperation Treaty (PCT): Reforms from the Perspective of a Developing Country” 21 The Patent & Trade Mark Cases 1-6 (2001).

14 J.K. Das, Intellectual Property Rights 33 (Kamal Law House, Kolkatta, 2008).

15 Elizabeth Verkey, Law of Patents 5 (Eastern Books Agency, Kolkatta, 2009).

16 Ibid.

17 Indian Law Institute, Intellectual Property Rights: A global vision (Indian Law Institute, New Delhi, 2004)

18 Supra note 3, s. 6 (a).

19 Id., s. 6 (b).

20 Id., s. 6 (c).

21 Supra.

22 Every application corresponding to national or international application to obtain a patent shall be made in Form 1 as given under the Second Schedue of this Act.

23 Supra note .

24 Shining Induetries v. Shri Krishna Industries AIR 1975 All 231.

25 Id., s. 10 (6).

26 Id., s. 7 (1A).

27 Every specification, whether provisional or complete shall be made in Form 2 as given under the Second Schedule of this Act.

28 Supra note .

29 Id., s. 9 (1).

30 Paul Torremans and Holyoak, Intellectual Property Law 55 (Oxford University Press, New York, 4th edn., 2005).

31 Id., s. 10.

32 Supra note.

33 Id., Rule 16.

34 A declaration as to the inventorship of the invention shall be filed in Form 5 as given under Second Schedule of this Act.

35 Ram Narain Kher v. Ambassador Industries, New Delhi and Another AIR 1967 Del 87.

36 Press Metal Corporation Ltd. v. Noshir Sorabji Pochbtaana Walla and Another AIR 1983 Bom 144.

37 Supra note.

38 Supra note .

39 Supra note .

40 Supra note .

41 A request for examination under section 11B shall be made in Form 9 as given under Second Schedule of this Act.

42 Supra note .

43 Supra note .

44 Supra note .

45 V.K. Gupta, “Patent Regime in the Twenty First Century”, 18 Delhi Law Review 266-71 (1996).

46 Supra note .

47 It enumerates what are not inventions.

48 It speaks about inventions realting to atomic energy not patentable.

49 Supra note .

50 Id., ss. 77 to 81.

51 Id., s. 15.

52 Id., s. 57.

53 Id., s. 17.

54 Supra note .

55 Id., s. 20.

56 Id., s. 21.

57 Id., s. 14.

58 S. Vedaraman, “Patent Law in India”, 28(21) Mainstream 35-8 (1989).

59 Supra note .

60 Id., s. 24.

61 Supra note .

62 Supra note .

63 Supra note .

64 Ajay Industrial Corporation v. Shiro Kamas Iberabicity AIR 1983 Del 496.

65 Supra note .

66 Supra note .

67 Id., s. 45 (1).

68 Supra note .

69 Supra note .

70 Id., s. 47.

71 Id., s. 53.

72 Supra note .

73 Supra note .

74 (1995) FSR 325.