the patents act,1970

8/6/2019 The Patents Act,1970

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The Patents Act,1970


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Patent

1974,1985,1999,2002

Means a grant from the Govt. to the

inventor For a limited period of time

The exclusive right to

Make, use, exercise and vend hisinvention


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Object

To encourage scientific research,

new technology and industrial

progress. To stimulate new inventions of

commercial utility.


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Kinds

Product

Not to the method or process of

manufacture of the substance, but tothe substance itself

Process

Method or process of manufacture


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Conditions tobe satisfied

Fundamental principle of patent law Granted only for an invention which is new, non-obvious

and useful.

An invention

New product or process involving an inventive step andcapable of industrial application.

New product or process

Should involve an inventive step

Capable of industrial application.

Invention new No prior publication or use

Must be useful

Non obvious

Invention fully disclosed.


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Not patentable inventions1. Frivolous or claims anything obviously contrary

to well established natural laws2. Primary or intended use contrary to public

order or morality or which causes seriousprejudice to human, animal or plant life

3. Discovery of scientific principle, formulation of

abstract theory, discovery of living or non-living substance occurring in nature

4. New form of a known substance with noenhancement of efficacy, or discovery of newproperty or new use of known substance ormere use of a known process, unless it resultsin a new product or employs at least onereactant.

5. Admixture

6. Arrangement, rearrangement or duplication ofknown devices


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7. Method of agriculture or horticulture

8. Process for medicinal, surgical, curative,prophylactic diagnostic, therapeutic or othertreatment of human beings or animals to

render them free of decease or increase theireconomic value or that of their products.

9. Plants and animals in whole or part other thanmicro organisms

10. Mathematical or business method or a

computer programme perse or algorithms11. Literary, dramatic, musical or artistic work or

any other aesthetic creation includingcinematographic works and televisionprogrammes

12. Scheme or rule or method of performing mentalact or method of playing game

13. Presentation of information

14. Topography of intergrated circuits

15. Invention which is traditional knowledge,

aggregation or duplication of known propertiesof traditionally known component/s.


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Exclusive marketing rights

The conferring constitute a

monopoly right to distribute and

market his product in India withoutthe same having been subjected to

examination by applying the test and

criteria for grant of patent.


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Procedure

1. Application

1. Actual inventor2. Assignee of the right

3. Legal representative1. Person first applies

2. Form, fee & provisional or completespecification in patent office

1. 12 months from the date of application

3. Verified by examiners- objection to besatisfactorily rectified

4. Controller accept & advertise in the officialgazette

1. Any opposition within 4 months5. Controller accepts patent granted sealed and

given with the seal of the Patent office

6. Date entered in the Register

7. Decision against , applicant can appeal to High

Court.


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Term of Patent

S.53

Before amendment 2002 to method

of manufacture or process as tofood, medicine or drug 5 date of

sealing/ 7 years from the date of

patent any other 14 years

TRIPS agreement 20 years


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Rights of a patentee

1. To exploit patent

2. Right to license and assign

3. Surrender the patent4. Right before sealing

1. all privileges and rights except suitfor infringement

5. Sue for infringement in Districtcourt


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Limitations of patent right

a. CG can use invention for its purposes

b. Acquire for public purposea. Notification in official gazette

c. Compulsory licensesd. Reasonable requirements at reasonable

price

e. Defense purposesa. Controller/CG prohibit or restrict publication

f. Revocation ofPatent by High court.a. Person interested or CG

the patents act,1970

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