Patents Act,1970
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PATENTS ACT,1970 Presented By: Ravneet Kaur
What is PATENT?????
A ‘Patent’ is a grant from the government which confers on the ‘grantee’ for a limited time period , the exclusive right of making, selling and using the invention in respect of which patent has been granted and also of authorizing others to do so.
An Invention to be Patentable, must satisfy the following three conditions:
It is novel ie. it is different from other similar inventions in one or more of its parts.
It is useful to the society.
It is non-obvious to a person possessed of average skill in the art. An invention is nonobvious if someone who is skilled in the field of the invention would consider the invention an unexpected or surprising development.
Kinds of PATENTS?? Utility Patent: Utility patents, the most common type, are granted to new machines, chemicals, and processes. Design Patent: Design patents are granted to protect the unique appearance or design of manufactured objects, such as the surface ornamentation or overall design of the object.
Cont(d)
Plant Patent: Plant patents are granted for the invention of new and distinct plant varieties, including hybrids.
Procedure for grant of PATENT 1. 2. 3.
4. 5.
Filing an application for a patent . Examination of application. Acceptance of the application and advertisement of such acceptance in the Official Gazette. Opposition to grant of patent. Grant and sealing of patents.
1.Filing of Application [sec 7]
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. Applicant should be the true and first inventor. Every such application shall be accompanied by a provisional or a complete specification.
2. Examination and Acceptance of Applications sec[12 to 24] Examiner make a report to Controller on the following matters: whether the application and the specification relating thereto are in accordance with the requirements of this Act. Whether there is any lawful ground of objection to the grant of the Patent . Any other matter which may be prescribed.
3.Advertisement of acceptance of complete specification:
The controller shall give notice thereof to the applicant and shall advertise in the Official Gazette the fact that the specification has been accepted , and thereupon the application and the specification with the drawings filed in pursuance thereof shall be open to public inspection.
4.Opposition to Grant of Patent sec[25]
Applicant or the person under or through whom he claims, wrongfully obtained the invention . Invention was publicly known or publicly used in India before the priority date of the claim. Where the claim made by an inventor is no more than an individual design, not an invention. If the language used by the patentee is obscure and ambiguous, no patent can be granted.
5.Grant and Sealing of Patents sec[43]
The application has not been opposed under sec 25 and the time for the filing of the opposition has expired.
The application has been opposed and the opposition has been finally decided in favour of the applicant; or
The application has not been refused by the Controller by the virtue of any power vested in him by this
Penalties sec[118-124]
Falsification of entries in register etc.imprisonment upto 2 years or fine or both. Unauthorised claim of Patent Rights-fine upto Rs.500. In case of offences by companies. Refusal or failure to supply information to Central Govt. or controllerimprisonment upto 6 month or fine or both.
Remedies for Infringement of Patents
Reliefs in suit for infringement. Right of licensee under sec84 to take proceedings against infringements. Jurisdiction of Court :No suit for a declaration under sec 105 for infringement of a patent shall be instituted in any court inferior to a district court .
Cont(d)
Power of Courts to grant relief in cases of groundless threats of infringement proceedings: Where a person threatens any other person by communication oral or in writing with proceedings for infringement of a patent ,any person aggrieved thereby may bring a suit against him .
Bibliography
Mercantile Law By: K.C Garg Business Environment By:Francis Cherunilam
References
www.ignou.in www.findlaw.com www.wikipedia.com
What is PATENT?????
A ‘Patent’ is a grant from the government which confers on the ‘grantee’ for a limited time period , the exclusive right of making, selling and using the invention in respect of which patent has been granted and also of authorizing others to do so.
An Invention to be Patentable, must satisfy the following three conditions:
It is novel ie. it is different from other similar inventions in one or more of its parts.
It is useful to the society.
It is non-obvious to a person possessed of average skill in the art. An invention is nonobvious if someone who is skilled in the field of the invention would consider the invention an unexpected or surprising development.
Kinds of PATENTS?? Utility Patent: Utility patents, the most common type, are granted to new machines, chemicals, and processes. Design Patent: Design patents are granted to protect the unique appearance or design of manufactured objects, such as the surface ornamentation or overall design of the object.
Cont(d)
Plant Patent: Plant patents are granted for the invention of new and distinct plant varieties, including hybrids.
Procedure for grant of PATENT 1. 2. 3.
4. 5.
Filing an application for a patent . Examination of application. Acceptance of the application and advertisement of such acceptance in the Official Gazette. Opposition to grant of patent. Grant and sealing of patents.
1.Filing of Application [sec 7]
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. Applicant should be the true and first inventor. Every such application shall be accompanied by a provisional or a complete specification.
2. Examination and Acceptance of Applications sec[12 to 24] Examiner make a report to Controller on the following matters: whether the application and the specification relating thereto are in accordance with the requirements of this Act. Whether there is any lawful ground of objection to the grant of the Patent . Any other matter which may be prescribed.
3.Advertisement of acceptance of complete specification:
The controller shall give notice thereof to the applicant and shall advertise in the Official Gazette the fact that the specification has been accepted , and thereupon the application and the specification with the drawings filed in pursuance thereof shall be open to public inspection.
4.Opposition to Grant of Patent sec[25]
Applicant or the person under or through whom he claims, wrongfully obtained the invention . Invention was publicly known or publicly used in India before the priority date of the claim. Where the claim made by an inventor is no more than an individual design, not an invention. If the language used by the patentee is obscure and ambiguous, no patent can be granted.
5.Grant and Sealing of Patents sec[43]
The application has not been opposed under sec 25 and the time for the filing of the opposition has expired.
The application has been opposed and the opposition has been finally decided in favour of the applicant; or
The application has not been refused by the Controller by the virtue of any power vested in him by this
Penalties sec[118-124]
Falsification of entries in register etc.imprisonment upto 2 years or fine or both. Unauthorised claim of Patent Rights-fine upto Rs.500. In case of offences by companies. Refusal or failure to supply information to Central Govt. or controllerimprisonment upto 6 month or fine or both.
Remedies for Infringement of Patents
Reliefs in suit for infringement. Right of licensee under sec84 to take proceedings against infringements. Jurisdiction of Court :No suit for a declaration under sec 105 for infringement of a patent shall be instituted in any court inferior to a district court .
Cont(d)
Power of Courts to grant relief in cases of groundless threats of infringement proceedings: Where a person threatens any other person by communication oral or in writing with proceedings for infringement of a patent ,any person aggrieved thereby may bring a suit against him .
Bibliography
Mercantile Law By: K.C Garg Business Environment By:Francis Cherunilam
References
www.ignou.in www.findlaw.com www.wikipedia.com
