SlideShare ist ein Scribd-Unternehmen logo
1 von 16
Downloaden Sie, um offline zu lesen
THE PATENTS
ACT,1970
(as amended in 2005)
By-Group 6 (Sec. B)
INTRODUCTION
• The Uruguay Round ( or the last
GATT Round) created an
Organization called WTO on
Jan1,1995 to resolve trade
disputes among member
countries.
• The Uruguay agreement required
the member countries to enter
into an agreement on Intellectual
Property Rights to establish a
common scheme of protection to
be given by all member countries.
The agreement was called TRIPs.
• It covered Patents, Copyrights,
Trademarks, Designs and
Geographical Indications.
The Patents Act , 1970
• The Act contains XXIII Chapters which are related
to patenting procedures , International
Arrangement and other miscellaneous matters.
• The Act is regulated by Patents Rules (as
amended in 2006) which contains information
regarding , fees , forms etc.
• Under this Act, the Govt. of India is also
authorized to make rules for carrying out the
purposes of the Act.
WHAT IS A PATENT ?
• Patent is a grant or right to
exclude others from making,
using or selling one's invention
and includes right to license
others to make, use or sell it.
• It is an official document
conferring a right to an inventor
for a term of years to make, use
and sell his invention or the
monopoly or right so granted.
WHAT IS AN INVENTION ?
•Invention means any new and useful-
(I) art, process, method or manner of manufacture;
(ii) machine, apparatus or other article;
(iii) product produced by manufacture;
and includes any new and useful improvement of any of them.
•The new product or process involves an “inventive step” which means, a feature
of an invention that involves technical advancement as compared to the existing
knowledge or having economic significance or both and that makes the invention
not obvious to a person skilled in the art .
•Thus, for an invention to get patent rights , it should fulfil three prerequisites-
Novelty
Non-obviousness
Usefulness
SINGLE INVENTIVE STEP
• A single invention or a group of invention can
be linked to form a single inventive step
• A single inventive step may give rise to a
number of independent claims
• Where a group of inventions is claimed under
one application, the requirement of unity of
invention is fulfilled only when there is a
technical relationship among these inventions
WHO CAN BE A PATENTEE ?
• Persons entitled to apply for patents-
True and first inventor
His / Her Assignee
Legal Representative of deceased inventor
assignee
Any Partnership , Company , AOP , BOI
NON-PATENTABLE ITEMS
• INVENTIONS RELATING TO ATOMIC ENERGY
 No patent shall be granted in respect of an invention relating to
atomic energy falling within section 20(1) of the Atomic Energy Act,
1962
• THINGS THAT ARE NOT INVENTIONS
 Things obviously contrary to established natural laws
 Mere discovery of scientific principle, new property, new use of a
known substance
 Which causes serious prejudice to human , animal , plant life or
environment
 Discovery of micro organism , mineral or natural gas
 A method of agriculture or horticulture
 Any process for the medical treatment of human beings , animals or
plants to make them disease free
NON-PATENTABLE ITEMS CONTD.
 any mathematical , business method , computer program or
algorithms
 any literary, dramatic, musical or artistic work , aesthetic
creation , cinematographic works or television productions
 an invention which is a traditional knowledge or which is an
aggregation or duplication of known properties of
traditionally known component or components
 a substance obtained by a mere admixture resulting only in
the aggregation of the properties of the components 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;
IMPORTANT AMENDMENTS
• Patent right can be claimed on a Product or a Process. For
e.g. Antibiotic is a product and its preparation is a chemical
process.
• But, prior to 2005 Amendment of Patent Act, in India an
individual could claim patent for process only and not
product. Reason-industrial development , affordable price ,
reverse engineering esp. in the pharmaceutical industry.
• Certain products which could not claim patent were- food,
medicine, alloys , optical glass, semi-conductors and inter-
metallic compounds
IMPORTANT AMENDMENTS
• Due to the intervention of GATT , the distinction
between product and process was done away with
w.e.f. January 1 , 2005.
• Earlier seeds and organisms could not be patented, but
after TRIPs recommendations India enacted a separate
Act-Biological Diversity Act , 2002 to protect the rights
of breeders and innovators of new forms of seeds and
plants.
• Prior to Jan.,2005 Amendment , patent right was
conferred for 14 years . But, now it has been raised to
20 years.
GRANT OF PATENT PROCESS
WORKING OF PATENT
COMPULSORY LICENSING
• Prior to 2005 Amendments , a patentee was given a 3-year
period to put the invention into use.
• If during this time ‘reasonable requirements of the public are
not satisfied or the prices charged are unreasonable’ , then
the Controller of Patents on the application by the CG would
endorse the remark ’ Licences of Right’ against the invention
in the register and advertise it in the official gazette.
• For products like food , drug and medicines , Licences of Right
was deemed endorsed after the expiry of 3 years.
• But, as per TRIPs recommendations, there has been
significant changes made regarding compulsory licensing by
the 2002 Amendment.
INTERNATIONAL ARRANGEMENTS
• Chapter XXII of the Act provides international
arrangement with countries outside India
• This arrangement grants the patentee-citizen of
that country to have similar rights and privileges
as are granted to the patentee-citizen of India .
E.g. India is member of the Paris Convention .
• Accordingly , the Central Govt. declares in the
Official Gazette such country to be a convention
country for the purpose of this Act.
SUITS & APPEALS
• Suits concerning infringement of patent shall
be file in District Court.
• But , if the counter claim for revocation of
patent is made by the defendant , then the
suit shall be transferred to the High Court.
• Appeals can be filed against the decision of
the Controller of Patents to the Appellate
Board formed by the Central Government.
THANK YOU

Weitere ähnliche Inhalte

Ähnlich wie The Patents Act, 1970 overview

Ähnlich wie The Patents Act, 1970 overview (20)

IPR – An Overview, Copyright Issues in Cyberspace
IPR – An Overview, Copyright Issues in Cyberspace IPR – An Overview, Copyright Issues in Cyberspace
IPR – An Overview, Copyright Issues in Cyberspace
 
Law ppt
Law pptLaw ppt
Law ppt
 
Patent
PatentPatent
Patent
 
Intellectual property Rights in India
Intellectual property Rights in IndiaIntellectual property Rights in India
Intellectual property Rights in India
 
Patenting and Regulatory Requirements of Natural Products.pptx
Patenting and Regulatory Requirements of Natural Products.pptxPatenting and Regulatory Requirements of Natural Products.pptx
Patenting and Regulatory Requirements of Natural Products.pptx
 
Trade Related Aspects Of Intellectual Property Rights (TRIPS)
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Trade Related Aspects Of Intellectual Property Rights (TRIPS)
Trade Related Aspects Of Intellectual Property Rights (TRIPS)
 
Indian patent act
Indian patent actIndian patent act
Indian patent act
 
Intellectual property - patent rights.pdf
Intellectual property - patent rights.pdfIntellectual property - patent rights.pdf
Intellectual property - patent rights.pdf
 
The indian patent act 1970
The indian patent act   1970The indian patent act   1970
The indian patent act 1970
 
Intellectual property rights
Intellectual property rightsIntellectual property rights
Intellectual property rights
 
Intellectual Property new Developments Rights
Intellectual Property new Developments RightsIntellectual Property new Developments Rights
Intellectual Property new Developments Rights
 
Patent
PatentPatent
Patent
 
IPR 123.pptx
IPR 123.pptxIPR 123.pptx
IPR 123.pptx
 
ip-P,TM,ID
ip-P,TM,IDip-P,TM,ID
ip-P,TM,ID
 
Foundation of patent law
Foundation of patent lawFoundation of patent law
Foundation of patent law
 
IPR.pptx
IPR.pptxIPR.pptx
IPR.pptx
 
Trips
TripsTrips
Trips
 
Intellectual property rights (2)
Intellectual property rights (2)Intellectual property rights (2)
Intellectual property rights (2)
 
CL PPT
CL PPTCL PPT
CL PPT
 
Patent
PatentPatent
Patent
 

Kürzlich hochgeladen

Appointment of Auditors Made For Firm
Appointment  of  Auditors  Made For FirmAppointment  of  Auditors  Made For Firm
Appointment of Auditors Made For FirmEbizfilingIndia
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Rich Bergeron
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsRich Bergeron
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Jong Hyuk Choi
 
Amit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdfAmit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdfadvsudhirdhc
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfVidit Agrawal
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327bariajenne
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Diamond959916
 
How to Grant the Greek Power of Attorney
How to Grant the Greek Power of AttorneyHow to Grant the Greek Power of Attorney
How to Grant the Greek Power of AttorneyBridgeWest.eu
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseRich Bergeron
 
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLCTrustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLCFlatiron Legal Advisors, LLC
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toirenelavilla52178
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Rich Bergeron
 

Kürzlich hochgeladen (14)

Appointment of Auditors Made For Firm
Appointment  of  Auditors  Made For FirmAppointment  of  Auditors  Made For Firm
Appointment of Auditors Made For Firm
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24
 
Amit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdfAmit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdf
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327
 
Nayoga Protocol by Author - Tushar Avinash Bagal A33.pptx
Nayoga Protocol  by Author - Tushar Avinash Bagal A33.pptxNayoga Protocol  by Author - Tushar Avinash Bagal A33.pptx
Nayoga Protocol by Author - Tushar Avinash Bagal A33.pptx
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
 
How to Grant the Greek Power of Attorney
How to Grant the Greek Power of AttorneyHow to Grant the Greek Power of Attorney
How to Grant the Greek Power of Attorney
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
 
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLCTrustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
 

The Patents Act, 1970 overview

  • 1. THE PATENTS ACT,1970 (as amended in 2005) By-Group 6 (Sec. B)
  • 2. INTRODUCTION • The Uruguay Round ( or the last GATT Round) created an Organization called WTO on Jan1,1995 to resolve trade disputes among member countries. • The Uruguay agreement required the member countries to enter into an agreement on Intellectual Property Rights to establish a common scheme of protection to be given by all member countries. The agreement was called TRIPs. • It covered Patents, Copyrights, Trademarks, Designs and Geographical Indications.
  • 3. The Patents Act , 1970 • The Act contains XXIII Chapters which are related to patenting procedures , International Arrangement and other miscellaneous matters. • The Act is regulated by Patents Rules (as amended in 2006) which contains information regarding , fees , forms etc. • Under this Act, the Govt. of India is also authorized to make rules for carrying out the purposes of the Act.
  • 4. WHAT IS A PATENT ? • Patent is a grant or right to exclude others from making, using or selling one's invention and includes right to license others to make, use or sell it. • It is an official document conferring a right to an inventor for a term of years to make, use and sell his invention or the monopoly or right so granted.
  • 5. WHAT IS AN INVENTION ? •Invention means any new and useful- (I) art, process, method or manner of manufacture; (ii) machine, apparatus or other article; (iii) product produced by manufacture; and includes any new and useful improvement of any of them. •The new product or process involves an “inventive step” which means, a feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art . •Thus, for an invention to get patent rights , it should fulfil three prerequisites- Novelty Non-obviousness Usefulness
  • 6. SINGLE INVENTIVE STEP • A single invention or a group of invention can be linked to form a single inventive step • A single inventive step may give rise to a number of independent claims • Where a group of inventions is claimed under one application, the requirement of unity of invention is fulfilled only when there is a technical relationship among these inventions
  • 7. WHO CAN BE A PATENTEE ? • Persons entitled to apply for patents- True and first inventor His / Her Assignee Legal Representative of deceased inventor assignee Any Partnership , Company , AOP , BOI
  • 8. NON-PATENTABLE ITEMS • INVENTIONS RELATING TO ATOMIC ENERGY  No patent shall be granted in respect of an invention relating to atomic energy falling within section 20(1) of the Atomic Energy Act, 1962 • THINGS THAT ARE NOT INVENTIONS  Things obviously contrary to established natural laws  Mere discovery of scientific principle, new property, new use of a known substance  Which causes serious prejudice to human , animal , plant life or environment  Discovery of micro organism , mineral or natural gas  A method of agriculture or horticulture  Any process for the medical treatment of human beings , animals or plants to make them disease free
  • 9. NON-PATENTABLE ITEMS CONTD.  any mathematical , business method , computer program or algorithms  any literary, dramatic, musical or artistic work , aesthetic creation , cinematographic works or television productions  an invention which is a traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components  a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components 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;
  • 10. IMPORTANT AMENDMENTS • Patent right can be claimed on a Product or a Process. For e.g. Antibiotic is a product and its preparation is a chemical process. • But, prior to 2005 Amendment of Patent Act, in India an individual could claim patent for process only and not product. Reason-industrial development , affordable price , reverse engineering esp. in the pharmaceutical industry. • Certain products which could not claim patent were- food, medicine, alloys , optical glass, semi-conductors and inter- metallic compounds
  • 11. IMPORTANT AMENDMENTS • Due to the intervention of GATT , the distinction between product and process was done away with w.e.f. January 1 , 2005. • Earlier seeds and organisms could not be patented, but after TRIPs recommendations India enacted a separate Act-Biological Diversity Act , 2002 to protect the rights of breeders and innovators of new forms of seeds and plants. • Prior to Jan.,2005 Amendment , patent right was conferred for 14 years . But, now it has been raised to 20 years.
  • 12. GRANT OF PATENT PROCESS
  • 13. WORKING OF PATENT COMPULSORY LICENSING • Prior to 2005 Amendments , a patentee was given a 3-year period to put the invention into use. • If during this time ‘reasonable requirements of the public are not satisfied or the prices charged are unreasonable’ , then the Controller of Patents on the application by the CG would endorse the remark ’ Licences of Right’ against the invention in the register and advertise it in the official gazette. • For products like food , drug and medicines , Licences of Right was deemed endorsed after the expiry of 3 years. • But, as per TRIPs recommendations, there has been significant changes made regarding compulsory licensing by the 2002 Amendment.
  • 14. INTERNATIONAL ARRANGEMENTS • Chapter XXII of the Act provides international arrangement with countries outside India • This arrangement grants the patentee-citizen of that country to have similar rights and privileges as are granted to the patentee-citizen of India . E.g. India is member of the Paris Convention . • Accordingly , the Central Govt. declares in the Official Gazette such country to be a convention country for the purpose of this Act.
  • 15. SUITS & APPEALS • Suits concerning infringement of patent shall be file in District Court. • But , if the counter claim for revocation of patent is made by the defendant , then the suit shall be transferred to the High Court. • Appeals can be filed against the decision of the Controller of Patents to the Appellate Board formed by the Central Government.