THE PATENTS ACT,1970 (as amended in 2005) By-Group 6 (Sec. B)
INTRODUCTION
The Uruguay Round ( or the last GATT GA TT 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.
The Patents Act , 1970
The Act contains XXIII Chapters which are related to patenting procedures , International Arrangementt and other miscellaneous matter Arrangemen matters. s. The Act is regulated by Patents Patents Rules (as amended in 2006) which cont contains ains information regarding , fees , forms etc. Under this Act, the Govt. of India is also authorized to make make rules for carrying out the purposes of the Act.
WHAT IS A PATENT ?
Patent is a grant or right to Patent exclude others from making, using or selling one's invention and includes right to license others to make, 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.
WHAT WHA T IS AN INVENT INVENTION ION ? Invention means any new and useful(I) art, process, method or manner of manufacture; (ii) machine, apparatus apparatus or other article; (iii) product produced by manufactur manufacture; e; and includes any new and useful improvement of any of them.
The new product or process process involves an inventive step which means, a feature feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the inventi invention on not obvious to a person skilled in the art .
Thus, for an invention invention to get get patent rights , it should fulfil three prerequisitesprerequisitesNovelty Non-obviousness Usefulness
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 inv ention is fulfilled only when there is a technicall relationship among these inventions technica
WHO CAN BE A PATENTEE ?
Persons entitled to apply for patents-
True and a nd His
first inventor
/ Her Assignee
Legal Representative of deceased inventor assignee Any
Partnership , Company , AOP , BOI
NON-PATENTABLE ITEMS
INVENTIONS RELATING TO ATOMIC ENERGY
No
patent shall be granted in respect of an invention relating to atomic energy 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
prejudice to human , Which causes serious prejudice
animal , plant life or
environment Discovery
of micro organism , mineral or natural gas
A method of
agriculture or horticulture
process for the medical treatment of human beings , Any process plants to make them disease free
animals or
NONNO N-P PATEN TENT TABL ABLE E ITEM ITEMS S CON CONTD. TD. any
mathematical , business method , computer program or algorithms
any 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;
IMPORTANT IMPORT ANT AMENDME AMENDMENTS NTS
Patent right can be claimed on a Product or a Process. For Patent e.g. Antibiotic is a product p roduct and its preparation preparation is a chemical process. But, prior to 2005 Amendment Amen dment of Patent Patent Act, in India I ndia an individual could claim patent for for process only and not product. Reason-industrial development development , affo affordable rdable price , reverse rev erse engineering esp. in the pharmaceutical industry. industry. Certain products which could could not claim patent patent were- food, medicine, alloys , optical glass, semi-conductors and intermetallic metal lic compounds compoun ds
IMPORTANT IMPORT ANT AMENDME AMENDMENTS NTS
Due to the intervention of GATT GATT , the distinction between product and process process was was done away away with w.e.f .e.f.. January Janua ry 1 , 2005. 2005 . Earlier seeds and organisms Earlier organisms could not be patented, patented, but after TRIPs recommendations recommendations India enacted a separa separate te Act-Biological Act -Biological Diversi Diversity ty Act , 2002 to protect the rights of breeder breederss and innovator innovatorss of new forms 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.
GRANT OF PATENT PROCESS
WORKI WOR KING NG OF OF PATEN TENT T 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 Patents on the application by the CG CG would endorse the remark Licences of Right 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.
INTERNA INTERN ATIONAL ARRA ARRANGEMENTS NGEMENTS
Chapter XXII of the Act provides international arrangementt with countries outside India arrangemen This arrangement grants the patentee-citizen of that country to have have similar rights and privileges as are granted to the patentee-citizen of India . E.g. India is member of the Paris Convention Convention . Accordingly , the Central Accordingly Central Govt. declares declares in the Official Gazette such country to be a convention country cou ntry for the purpose purpose of of this Act. Act.
SUITS & APPEALS
Suits concern concerning ing infringeme infringement nt of patent patent shall be file in District Court. But , if the counter claim for revocation of patent pat ent is made by the the defendan defendantt , then the suit shall be transf transferred erred 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.
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