The main object of patent law is to confer exclusive right to the patentee to gain commercial advantage out of his invention. The conferring of exclusive right encourages the inventors to apply their creative faculties.
2. Prepared By
Manu Melwin Joy
Assistant Professor
Ilahia School of Management Studies
Kerala, India.
Phone – 9744551114
Mail – manu_melwinjoy@yahoo.com
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3. Introduction
• The main object of
patent law is to confer
exclusive right to the
patentee to gain
commercial advantage
out of his invention.
The conferring of
exclusive right
encourages the
inventors to apply their
creative faculties.
4. Definition
• According to Section 2(1)
of the Patent Act 1970, a
patent means a patent for
any invention granted
under the Act. Patent is a
document by which a
right is granted by the
Government to the
grantee for a limited
period. The guarantee
gets the privilege of
making, selling and using
the invention for which
patent has been granted.
5. General conditions to be satisfied for
conferring patent right
• Under the Patents Act, a patent can
be granted to a new and useful
product or process. The subject
matter of a patent is an ‘invention’.
• The element of novelty in an
invention is the most essential
condition for patenting a product or
process.
• In India, patent is conferred only to
useful products and processes.
• The invention must be non-obvious
to a person skilled in the art to
which the invention relates.
• The invention must be disclosed
fully.
6. Procedure for obtaining patents
• An application for a patent for
an invention may be made by
(a) true and first inventor or (b)
assignee of the true and first
inventor.
• Every application for a patent
shall be for one invention only
and shall be made in the
prescribed form and filed in the
patent office.
• Every such application shall be
accompanied by a provisional or
a complete application.
• An application for patent shall
ordinarily be open to the public
for a prescribed period.
7. Procedure for obtaining patents
• On the request of the
applicant, the application
and other documents shall
be referred to the Controller
of examinations.
• If the application for the
patent is found to be in
order for grant of the
patent, the patent shall be
granted to the applicant
with the seal of the patent
office and the date on
which the patent is granted
shall be entered in the
register.
8. Term of patent
• The term of every
patent granted after
the commencement
of the patents
(Amendments) Act
2002 shall be 20
years.
9. Rights of the patentee
• Section 48 confers the right
to exploit the patent on the
patentee.
• The patentee can transfer
the patent right by
assignment or license.
• A patentee can at any time
surrender the patent.
• The patentee, his assignee,
licensee or agent has the
right to institute a civil suit
in court not lower than
District Court in case of any
infringement.
10. Transfer and Transmission of Patent Right
• A patent is a transferrable
property. The patentee can
transfer the patent by
assignment of licensee.
• An assignment is the
transfer of interest through
a duly registered agreement
or through a letter of
patentee or through a
mortgage.
• When the patent right is
transferred from patentee
to another person by
operation of law, it is called
transmission.
11. License
• A license is a
permission to make,
use or exercise the
patented invention. In
license, the ownership
of patent remains with
patentee. Mere partial
use is permitted.
12. License
• Compulsory License – At any
time after the expiration of
3 years from the date of the
grant of patent, any person
interested may make an
application to the Controller
alleging that for grant of
compulsory license on
patent on the following
grounds (a) reasonable
requirement of public or (b)
Patented invention not
available to public at
reasonable price.
13. License
• Voluntary license –
Voluntary license is a
written authority granted by
the owner of the patent to
another person
empowering the latter to
make, use, sell the patented
article.
• Exclusive license – Exclusive
license means a license
from a patentee which
confers on the licensee to
the exclusion of all persons
any right in respect of the
patented invention.
14. Infringement
• The colorable imitation
of an invention.
• Immaterial variation in
the invention.
• Mechanical equivalent.
• Taking essential
features of the
invention.
15. Remedies against infringement
• Whenever a monopoly right of
a patentee is violated, his
rights can be secured by
instituting a suit for
infringement.
• A suit for infringement shall be
instituted in any court not
inferior to a District court
having jurisdiction to try the
suit.
• The procedure to be followed
in conducting a suit for
infringement is governed by
the Provision of Code of Civil
Procedure, 1908.
