A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time, normally 20 years from the filing date. It is a legal document defining ownership of a particular area of new technology. Issues with patents in India include that India viewed patents as an economic development tool and restricted the scope and term of patents. Additionally, 80-90% of patents in India were exploiting the system to achieve monopolistic control and Indian law only allows process, not product patents in food, pharmaceutical and chemical fields. An Indian inventor based in Singapore developed a mobile phone that can detect potential heart attacks up to 8 hours in advance by functioning as a cardiogram when held to a person

2. Patent ???
A patent is a set of exclusive rights granted by a
government to an inventor or applicant for a
limited amount of time (normally 20 years from
the filing date).
 It is a legal document defining ownership of a particular
area of new technology.

3. How did Patent come?
• In Business Perspective, patent arises due to
Product life cycle model.
• The model consists of five stages, it relates
with patent evolution.

4.  In the first stage Innovating country introduces a new
product in a domestic market.
 In the second stage, a Innovating country starts specializes
in a new product and starts exporting to the other country.
 Next some other country start imitating the same product
of a innovated country and produces it.
 Next that country started specialized in that product and
starts exporting to other country.
 At the last stage the innovating country starts to import a
same product from the new country because of other reasons like
cost effectiveness.
In Relation with patent

5. For what can we get a patent in
India?
Patents are granted for technical inventions. Patentable
inventions are:
• A product
• The use of a product
• A Method
• Biotechnological inventions are patentable with certain
restrictions.

6. Have a look at this data,,,, There is low patents granted in india,,,,It
has issues.

7. Issues of patents in INDIA
• India viewed patents as a tool for economic
development and restricted the scope and
term of patents.
• The sentiment in India on the issue of patents,
especially on pharmaceuticals.
• “The idea of a better-ordered world is one in which medical
discoveries will be free of patents and there will be no profiteering
from life and death”.

8. Issues of patents in INDIA
• The 80-90% of the patents in India and were
exploiting the system to achieve monopolistic
control of the market.
• The patent law of 1970 (the current law) restricts
the field of patentability, only grants process and
not product patents in food, pharmaceutical and
chemical fields.
• No limitations or restrictions on foreigners in
applying for or obtaining patents in India.

9. Not patentable in India (issues)
 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 control of manufacture.
 A method of agriculture or horticulture.
 Any process for the medicinal, surgical, curative, or other
treatment of human beings.
 Patentability of Inventions in the Area of Chemicals, Food
and Drugs.

10. Indian patent Issues Developed country Patent issues

11. Crisis didn’t go out
• An interplay of domestic and international
factors influence India’s ability to promote its
interests in international negotiations.
• Issues due to Bilateral and multi trade
agreements.

12. US posting India patent as piracy in
WTO
• The main objection of the US is to the provision
in India's patent law that allows for process but
not product patents in the area of food, drug or
medicine.
• According to the US, Indian firms are copying
technology developed by advanced nations. This
is leading to large-scale losses for the US. The
Pharmaceutical industry in the US has been
especially vocal on this issue.

13. Comparison of Indian patent rights
with US
• The Indian laws are similar to that of European
Patent Regimes, US patent regimes.
• US patent laws allow the grant of patent to
anyone who invents or discovers any new and
useful process, machine, manufacture, or
composition of matter, or any new and useful
improvement thereof.
• US patent rights are Liberal, But Indian rights are
not liberal

14. Comparison of Indian patent rights
with US
• Inventions that are mathematical models,
business models, or computer Program. Hence,
business method inventions and mere software
inventions are not patentable in India, while in US
they are widely accepted.
• Any discovery of a new isomer of a chemical
compound may not be patentable in India. This is
contrary to US laws, where inventions related to
isomers, polymorphs etc are widely accepted.

15. Comparison of Indian patent rights
with US
US it is the first to invent system,One who invents first
would have rights on it.
• India and EP are first to file systems, thus it
does not matter who invents first, its the first
filer who gets the rights over the invention.
• Though Indian Patent laws provide an
opportunity to the true inventor to challenge a
patent application

16. • U.S. patents on many other Indian
products (like Neem, Amla, Jar Amla,
Anar, Salai, Dudhi, Gulmendhi,
Bagbherenda, Karela, Rangoon-ki-bel,
Erand, Vilayetishisham, Chamkura).
• Turmeric and Basmati is the biggest
issue.

17. Solutions By Our Team
Redefining standards.
Awareness level in Patent system.
Indian Political system in framing Patent should
be active and have a negotiable with WTO.
Incremental innovations should be easily
accepted.
There should be a time frame fixed for filing pre-
grant opposition to a patent application.
Patent Harmonization.

18. Device developed by an Indian based
in Singapore can warn of a potential
heart attack eight hours before.
• Nellian, now hold a patent to a mobile phone that not only makes
calls but also doubles as a cardiogram.
• In about 30 seconds the cardiogram results start appearing on your
mobile screen.
• He adds that if someone faints, all you need to do is hold the
mobile to the person's chest. You will know the condition of his
heart in seconds and then can take necessary action.
• Nellian is the only Indian in this partnership venture. The others are
five Chinese Singaporeans.