Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
2. INDIAN PATENT ACT - 1970
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• Definition
• History of IPA
• Objectives and need of a patent
• Types of patent
• Inventions patentable and not patentable
• Terms, documents and where to apply patent?
• Patent application filing process
• Rights of a patentee
• Offences and penalties
3. DEFINITION
IPR (Intellectual Property Right):
It is a class of property emanating from human intellectual
abilities and means Patents, Designs, Copyright, Geographical
Indications, Trademarks, etc.
PATENT:
It is a grant in form of a document by the Government for
disclosing a new invention by applicant.
Indian patent act consists of,
Chapters - 23
Sections - 162
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Patent - Latin word "patere" meaning "to lay open"
4. HISTORY OF IPA-1970
Indian patent act 1970 was deliberated by two committees,
1) Justice Bakshi Tek Chand
2) Justice N.Rajagopal Ayengar Committee
1) Patents act - 1970
Ammended in
• 1999
• 2002
• 2005
2) Patent rules – 2003
Ammended in
• 2005
• 2006
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5. OBJECTIVES AND NEED OF A PATENT
OBJECTIVES:
1) Encourage the inventor.
2) To get good industrial growth.
3) To get new technology.
4) Benefit for society.
NEED:
1) To protect the creativity of individual.
2) To protect the invention from copied
3) To get reward to inventor.
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6. TYPES OF PATENT
1) Ordinary patent
2) Patent for addition
3) Patent granted under convention agreement
4) Product patent
5) Process patent
1) ORDINARY PATENT:
It is granted on an ordinary application made.
2) PATENT FOR ADDITION:
It is secured for an improvement or modification to granted
patent. It remains in force till the original patent is valid.
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7. 3) PATENT GRANTED UNDER CONVENTION AGREEMENT:
It is based on an application made in a Convention Country notified
under Section 133 of the Act. The convention application has to be
made within 12 months from the date of the first application.
It is now possible to secure patent protection for new products and
the processes of preparation in Science & Technology and also for a
new hardware.
4) PROCESS PATENT:
The product can be manufactured by the totally new and different
method. The exclusive rights are only for the methods of manufacturing
the product.
5) PRODUCT PATENT:
The person utilises the process that he has develop for product
development. After granting a patent he can sell and distribute the
product over country.
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8. INVENTIONS PATENTABLE
• Development and process for the preparation of new
compounds, new materials, new formulations or
synergistic compositions.
• Improvement of an existing process for production of
known compounds, known compositions and known
materials
• Development of new medical kit, new machine/device,
new hardware incorporating a software and improved
machine device.
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9. INVENTIONS NOT PATENTABLE
Invention (or) discovery,
1) Related to atomic energy
2) Injurious to public health
3) Contrary to natural laws
4) Based on traditional knowledge
5) Just a theory (or) based on known theory
6) Arrangement (or) rearrangement in a known way
7) A method for agriculture, horticulture, human health
related.
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10. TERMS OF PATENT:
1) 5 years from date of sealing of patent.
2) 7years from date of filling of complete specifications.
3) 20 years from date of patent in respect of any other
patentable invention.
DOCUMENTS WITH PATENT:
The documents required in duplicate for filing an application for
patent in India are as follows:
1) Application Form 1 suitably modified.
2) Provisional Certification (Form 1) or Complete Specification
(Form 2).
3) Abstract of invention.
4) Any drawings, if necessary.
5) Statement and Undertaking (Form 3).
6) Prescribed fees.
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11. WHERE TO APPLY?
• Kolkata (The Head Quarter of Patent Office)
• Mumbai
• Delhi
• Chennai
• The Nodal Ministry is Ministry of Commerce and Industry,
Department of Industrial Policy and Promotion, Government
of India, Udyog Bhavan, New Delhi
PATENT SEARCH:
The patents are categorized under
1) The National Patent Systems of every country
2) International Patent Classification System (IPC)
The IPC system of classification categorizes the entire Science
and Technology into 8 main headings, each heading into
95000 sub-headings.
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12. STAGES
FROM
FILLING
TO GRANT
OF
APPLICAN
T
Filing of patent application
↓
1) Early publication 2) Publication of 18
months
↓
Pre-grant opposition
↓
Request for examination
↓
Examination: Grant (or) Refusal
↓
Publication of grant of patent
↓
Post-grant opposition
↓
Decision by controller
↓
Patent publishing 12
14. RIGHTS OF A PATENTEE
The rights of the patentee are defined in Section 48 of the Act.
1) Right to exploit the patent.
To prevent 3rd parties from exploiting the patented invention.
2) Right to grant license.
He/she has a power to assign rights (or) grant license.
3) Right to surrender.
He/she has given the right to surrender the patent by giving
notice in prescribed manner to the controller.
4) Right to sue for infringement.
He/she is given the right to institute proceeding for infringement
of a patent in a district court.
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15. S.
No.
OFFENCES PENALTIES
1. Contravention of secrecy provisions
relating to certain inventions Imprisonment for 1 – 2 year (or)
Fine (or) both
2. Falsification of entries in register
3. Unauthorised claim of patent rights Fine – Rs.500/-
4. Wrongful use of words, “patent
office” Imprisonment for 1 year extend upto
6 months (or) Fine (or) both5. Refusal (or) failure to supply
information
6. Practice by non-registered patent
agents
1st offence - Fine – Rs.500/-
2nd offence – fine – Rs.2000/-
7. Offences by companies If the person committing offence,
company shall be deemed to be
guilty and shall be liable to be
proceeded against and punished
accordingly
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16. REFERENCE FROM
• Textbook of forensic pharmacy by CK Kokate and SB
Gokhale, Page No.: 176-184.
• The pharmacy act 1970 from Google slideshare.com
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