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Indian Patent Act 1970
• Presented by Group 5
Members are -
• Aushi-119
• Khushi-93
• Darakhshan-108
• Sumitra-101
• Pawan-104
The Indian Patent Act
• In India the grant of patents is governed by the
patent Act 1970 and Rules 1972.
• The patents granted under the act are operative in the
whole of India.
HISTORY
The Patent Law of 1856
The Patent and Designs Act, 1911.
The Patents Act, 1970 and Rules 1972
The Patent amendment act 2005
What is a patent?
• A patent is a grant from the government which
confers on the guarantee for a limited period of
time the exclusive privilege of making, selling
and using the invention for which a patent has
been granted.
Purpose of getting a patent…..
• To enjoy the exclusive rights over the
invention.
• The patent is to ensure commercial returns to
the inventor for the time and money spend in
generating a new product.
What can be patented?
• In order to be patentable , an invention must pass four
tests;
1. The invention must fall into one of the five
“statutory classes’: Processes, Machines ,
Manufactures Compositions of matter, and New uses
of any of the above
2. The invention must be “useful”
3. The invention must be “novel”
4. The invention must be “no obvious’
Patent Law – Silent features
• Both product and process patent provided
• Term of patent – 20 years
• Examination on request
• Both pre-grant and post-grant opposition
• Fast track mechanism for disposal of appeals
• Provision for protection of bio-diversity and
traditional knowledge
• Publication of applications after 18 months with
facility for early publication
• Substantially reduced time-lines
Safeguards in patent law
• Compulsory license to ensure availability of drugs at
reasonable prices
• Provision to deal with public health emergency
• Revocation of patent in public interest and also on
security considerations
Types of patents
• Three types of patent are granted under the
provisions of the act, namely:
1. An Ordinary Patent
2. A Patent Of Addition
3. A Patent Of Convention
• A second type of classification of patent is:
1. Product Patent
2. Process Patent
The term of patent
• In respect of a invention claiming process of
manufacture of a substance intended to be used as
food or medicine ---- 5 yrs from the date of sealing or
7 yrs from the date of patent whichever is shorter.
• In case of any other invention ---- 14 yrs from the
date of patent.
Expiry of a patent
• A patent can expire in the following ways:
1. The patent has lived its full term.
2. The patentee has failed to pay the renewal fee.
3. The validity of the patent has been successfully
challenged by an opponent by filing an opposition
either with the patent office or with the courts.
4. As soon as the patent expires, it pass to the general
public domain and now anybody can use it without
the permission of the original inventor
Right of a patentee
1. Right to exploit the patent.
The patentee has a right to prevent 3rd parties, from
exploiting the patented invention.
2. Right to grant license.
The patentee has a power to assign rights or grant license.
3. Right to surrender.
The patentee is given the right to surrender the patent by
giving notice in prescribed manner to the controller.
4. Right to sue for infringement.
A patentee is given the right to institute proceeding for
infringement of the patent in a district court .
References
• The patent Act 1970. Information retrieved from:
http://www.ipindia.nic.in/acts-patents.htm
• The Patent Act 1970. Information retrieved from:
http://www.invntree.com/resources/patent-act-and-rules
Thank you

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The patent act 1970

  • 1. Indian Patent Act 1970 • Presented by Group 5 Members are - • Aushi-119 • Khushi-93 • Darakhshan-108 • Sumitra-101 • Pawan-104
  • 2. The Indian Patent Act • In India the grant of patents is governed by the patent Act 1970 and Rules 1972. • The patents granted under the act are operative in the whole of India. HISTORY The Patent Law of 1856 The Patent and Designs Act, 1911. The Patents Act, 1970 and Rules 1972 The Patent amendment act 2005
  • 3. What is a patent? • A patent is a grant from the government which confers on the guarantee for a limited period of time the exclusive privilege of making, selling and using the invention for which a patent has been granted.
  • 4. Purpose of getting a patent….. • To enjoy the exclusive rights over the invention. • The patent is to ensure commercial returns to the inventor for the time and money spend in generating a new product.
  • 5. What can be patented? • In order to be patentable , an invention must pass four tests; 1. The invention must fall into one of the five “statutory classes’: Processes, Machines , Manufactures Compositions of matter, and New uses of any of the above 2. The invention must be “useful” 3. The invention must be “novel” 4. The invention must be “no obvious’
  • 6. Patent Law – Silent features • Both product and process patent provided • Term of patent – 20 years • Examination on request • Both pre-grant and post-grant opposition • Fast track mechanism for disposal of appeals • Provision for protection of bio-diversity and traditional knowledge • Publication of applications after 18 months with facility for early publication • Substantially reduced time-lines
  • 7. Safeguards in patent law • Compulsory license to ensure availability of drugs at reasonable prices • Provision to deal with public health emergency • Revocation of patent in public interest and also on security considerations
  • 8. Types of patents • Three types of patent are granted under the provisions of the act, namely: 1. An Ordinary Patent 2. A Patent Of Addition 3. A Patent Of Convention • A second type of classification of patent is: 1. Product Patent 2. Process Patent
  • 9. The term of patent • In respect of a invention claiming process of manufacture of a substance intended to be used as food or medicine ---- 5 yrs from the date of sealing or 7 yrs from the date of patent whichever is shorter. • In case of any other invention ---- 14 yrs from the date of patent.
  • 10. Expiry of a patent • A patent can expire in the following ways: 1. The patent has lived its full term. 2. The patentee has failed to pay the renewal fee. 3. The validity of the patent has been successfully challenged by an opponent by filing an opposition either with the patent office or with the courts. 4. As soon as the patent expires, it pass to the general public domain and now anybody can use it without the permission of the original inventor
  • 11. Right of a patentee 1. Right to exploit the patent. The patentee has a right to prevent 3rd parties, from exploiting the patented invention. 2. Right to grant license. The patentee has a power to assign rights or grant license. 3. Right to surrender. The patentee is given the right to surrender the patent by giving notice in prescribed manner to the controller. 4. Right to sue for infringement. A patentee is given the right to institute proceeding for infringement of the patent in a district court .
  • 12. References • The patent Act 1970. Information retrieved from: http://www.ipindia.nic.in/acts-patents.htm • The Patent Act 1970. Information retrieved from: http://www.invntree.com/resources/patent-act-and-rules