Patent Laws
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PATENT LAWS INDIA AND WORLD WIDE
PATENT LAWS IN INDIA
Regulated by PATENTS ACT 1970. Does not allow to grant product patent in certain areas of pharmaceuticals Only allows process patents GATT agreement allows product patents(being framed)
Where can a patent be filed?
For an Indian resident - At appropriate patent office under whose jurisdiction he resides/or carry out his business. Non resident – Address for service in India or principle place of business of his agent determines the appropriate patent office.
PATENT INFORMATION SYSTEM
OBJECTIVES
Obtain and maintain a comprehensive collection of patent specification and patent related literature world wide Provide technological information contained in patents or patent related literature through publication services , search services and patent copy supply service Meet statutory obligation regarding novelty search under the Patent Act
Presently the office is headed by the Deputy Chief Executive Officer (DCEO). For all matters relating to PIS, the DCEO may be contacted at the following address :Patent Information System CGO Complex, Block 'C, 3rd Floor, Seminary Hills, Nagpur - 400006, (India) Phone No. 91-0712-560670 91-0712-510088 91-0712-511241 Fax No. 91-0712-51-186
DEFINITIONS AND INTERPRETATION “Assignee”includes the legal representative of a deceased assignee. “Exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons authorized by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly.
“Food” means any article of nourishment and includes any substance intended for the use of babies, invalids or convalescents as an article of food or drink. “Government undertaking” means any industrial undertaking carried on : by a department of the Government,
or by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or by a Government company as defined in section 617 of the Companies Act, 1956,1 of 1956 and includes the Council of Scientific and Industrial Research and any other institution
“Invention” means any new and useful
Art, process, method or manner of manufacture; Machine, apparatus or other article Substance produced by manufacture, And includes any new and useful improvement of any of them, and an alleged invention;
“medicine or drug” includes
All medicines for internal or external use of
human beings or animals, All substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of diseases in human beings or animals, All substances intended to be used or in the maintenance of public health, or the prevention or control of any epidemic disease among human beings or animals, Insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants, All chemical substances which are ordinarily
PATENT DEFINITION
‘patent’ means a patent granted under this Act and includes for the purposes of sections 44, 49, 50, 51, 52, 54, 55, 56, 57, 58, 63, 65, 66, 68, 69, 70, 78, 134, 140, 153, 154, and 156 and Chapters XVI, XVII and XVIII, a patent granted under the Indian Patents and Designs Act, 1911
“Person interested” includes a person engaged in, or in promoting, research in the same field as that to which the invention relates .
“True and first inventor”does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.
What are not inventions
An invention which is frivolous or which claims anything obvious contrary to well established natural laws;
An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;
The mere discovery of a scientific principle or the formulation of an abstract theory;
The mere discovery of any new property of new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
What are not inventions
The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
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 restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;
A method of agriculture or horticulture;
Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
Inventions relating to atomic energy not patentable
No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of Section 20 of the
Process Patents
Inventions where only methods or processes of manufacture patentable In the case of inventions :claiming substances intended for use, or capable of being used, as food or as medicine or drug, or relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds), “No patent shall be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture shall be patentable.”
Registration of Patents Persons entitled to apply for patents
Any person claiming to be the true and first inventor of the invention;
Any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
The legal representative of any deceased person who immediately before his death was entitled to make such an application. An application may be made by any of the persons preferred to therein either alone or jointly with any other person.
PATENTS WORLDWIDE
PATENT LAWS IN INDIA
Regulated by PATENTS ACT 1970. Does not allow to grant product patent in certain areas of pharmaceuticals Only allows process patents GATT agreement allows product patents(being framed)
Where can a patent be filed?
For an Indian resident - At appropriate patent office under whose jurisdiction he resides/or carry out his business. Non resident – Address for service in India or principle place of business of his agent determines the appropriate patent office.
PATENT INFORMATION SYSTEM
OBJECTIVES
Obtain and maintain a comprehensive collection of patent specification and patent related literature world wide Provide technological information contained in patents or patent related literature through publication services , search services and patent copy supply service Meet statutory obligation regarding novelty search under the Patent Act
Presently the office is headed by the Deputy Chief Executive Officer (DCEO). For all matters relating to PIS, the DCEO may be contacted at the following address :Patent Information System CGO Complex, Block 'C, 3rd Floor, Seminary Hills, Nagpur - 400006, (India) Phone No. 91-0712-560670 91-0712-510088 91-0712-511241 Fax No. 91-0712-51-186
DEFINITIONS AND INTERPRETATION “Assignee”includes the legal representative of a deceased assignee. “Exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons authorized by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly.
“Food” means any article of nourishment and includes any substance intended for the use of babies, invalids or convalescents as an article of food or drink. “Government undertaking” means any industrial undertaking carried on : by a department of the Government,
or by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or by a Government company as defined in section 617 of the Companies Act, 1956,1 of 1956 and includes the Council of Scientific and Industrial Research and any other institution
“Invention” means any new and useful
Art, process, method or manner of manufacture; Machine, apparatus or other article Substance produced by manufacture, And includes any new and useful improvement of any of them, and an alleged invention;
“medicine or drug” includes
All medicines for internal or external use of
human beings or animals, All substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of diseases in human beings or animals, All substances intended to be used or in the maintenance of public health, or the prevention or control of any epidemic disease among human beings or animals, Insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants, All chemical substances which are ordinarily
PATENT DEFINITION
‘patent’ means a patent granted under this Act and includes for the purposes of sections 44, 49, 50, 51, 52, 54, 55, 56, 57, 58, 63, 65, 66, 68, 69, 70, 78, 134, 140, 153, 154, and 156 and Chapters XVI, XVII and XVIII, a patent granted under the Indian Patents and Designs Act, 1911
“Person interested” includes a person engaged in, or in promoting, research in the same field as that to which the invention relates .
“True and first inventor”does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.
What are not inventions
An invention which is frivolous or which claims anything obvious contrary to well established natural laws;
An invention the primary or intended use of which would be contrary to law or morality or injurious to public health;
The mere discovery of a scientific principle or the formulation of an abstract theory;
The mere discovery of any new property of new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
What are not inventions
The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
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 restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;
A method of agriculture or horticulture;
Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.
Inventions relating to atomic energy not patentable
No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of Section 20 of the
Process Patents
Inventions where only methods or processes of manufacture patentable In the case of inventions :claiming substances intended for use, or capable of being used, as food or as medicine or drug, or relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds), “No patent shall be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture shall be patentable.”
Registration of Patents Persons entitled to apply for patents
Any person claiming to be the true and first inventor of the invention;
Any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
The legal representative of any deceased person who immediately before his death was entitled to make such an application. An application may be made by any of the persons preferred to therein either alone or jointly with any other person.
PATENTS WORLDWIDE
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