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parent act.pptx

  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.
  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.