PATENT
LAW
PATENT
LAW
By: Group 3
Introducti
on
•
Patent is one of the forms of
intellectual property.
•
The objective of patent law is to
encourage scientifc research,
new technology and industrial
progress.
•
The Patents are granted to
encourage invention and to
secure that inventions.
The Indian Patent Act
•
In India the grant of patents is
governed by the patent act 1!" and
rules 1!#.
•
The patents granted under the act
are operative in the whole of India.
History
•
The Patent Act and $esign Act, 11
•
The Patent Act 1!" and %ules 1!#
•
The Patents Amendment Act, #""&
'hat Is Patent
•
A patent is a monopoly right granted
to a person who has invented a new
and useful article, or an improvement
of an e(isting article, or a new process
of ma)ing an article.
•
It consists of an e(clusive right to
manufacture the new article invented
or *ives the patent owner the right to
prevent others from ma)ing, using or
selling the claimed invention within the
+nited ,tates or -ountry of Issue.
Purpose of getting a patent
•
To enjoy the e(clusive 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.
T.P/, 01 PAT/2T,
•
+tility patent3patents for
invention4
–
Issued for invention of a new and
useful process, machine,
manufacture, etc. for #" years.
•
$esign Patent
–
Issued for new and original design
embodied in or applied to an article of
manufacturer for 15 years.
•
%eissue Patent
–
Issued to correct an error in an
already issued utility or design
patent
•
Plant Patent
–
invents or discovers any distinct and
new variety of plant, li)e cultivated
spores, mutants, hybrids, and newly
found seedlings.
6eneft of Patent
•
The chief beneft of patent is that
they encourage inventions, on a
commercial scale and ensure that
ultimately the patented article or
process is utili7ed for the general
good of the people at large.
6enefts of Patent Protection
•
Prevents theft of the invention
/.g. for ,tartups
•
%educe -ompetition
•
/(pand 8ar)et ,hare
Patentable and 2on
Patentable Inventions
•
A frivolous invention which claims
anything obviously contrary to
well established natural laws,
•
An invention, the primary or
intended use or commercial
e(ploitation of which could be
contrary to public order or
morality or which causes serious
prejudice to human, animal or
plant life or health or to the
environment
•
The mere discovery of a scientifc
principle or the formulation of an
abstract theory, or discovery of
any living thing or non9living
substance occurring in nature.
An Application for a Patent for an
invention may be made by any of the
following persons either alone or
jointly with any other person:
;True and frst inventor
;True and frst inventorher
assignee
Type of Patent Applications
•
0rdinary Application, i.e., an Application
which has been fled directly in the Indian
Patent 0?ce.
•
-onvention Application.
•
P-T Application.
•
$ivisional Application, which can result
from division of a Patent Application.
•
Patent of Addition, which may be fled
subse@uent to the 1iling of an Application
for Patent, for an improvement or
modifcation
Procedure for 0btaining
Patent
•
After fling the application for the grant of patent, a re@uest for
e(amination is re@uired to be made for e(amination of the
application by the Indian Patent 0?ce.
•
After the 1irst /(amination %eport is issued, the Applicant is given
an opportunity to meet the objections raised in the report.
•
The Applicant has to comply with the re@uirements within 1#
months from the issuance of the 1irst /(amination %eport.
•
If the re@uirements of the frst e(amination report
are not complied with within the prescribed period
of 1# months, then the application is treated to
have been abandoned by the applicant.
•
After the removal of objections and compliance of
re@uirements, the patent is granted and notifed
in the Patent 0?ce Aournal.
%enewal fee
•
2o fee for 1
st
and #
nd
year
•
0n yearly basis
•
1or )eeping the patent in force by
paying the annual renewal fee in
time.
•
The number of the patent concerned
and the year in respect of which the
fee is paid shall be @uoted.
Patentee
•
A person to whom a patent has
been grantedB who appears on
the o?cial government
registry as the patent owner.
%ights of a
patentee
•
%ight to e(ploit the patent.
•
%ight to grand license.
•
%ight to surrender.
•
%ight to sue for infringement.
The Term 0f
Patent
•
In respect of a invention claiming
process of manufacturing of a
substance intended to be used as
food or medicine999&years from the
date of sealing or !years from the
date of patent whichever is shorter.
•
In case of any other invention999
15years from the date of patent.
-ompulsory =icensing
•
0ne of the most important aspects
of Indian Patents Act, 1!", is
compulsory licensing.
•
At any time after the e(piration of
three years from the date of the
sealing of a patent, any person
interested may ma)e an application
to the -ontroller of Patents for
grant of compulsory license of the
patent.
/(piry 0f A
Patent
•
The patent has lived its full term.
•
The patentee has failed to pay the
renewal fee.
•
The validity of the patent has been
successfully challenged by an opponent
by fling an opposition either with the
patent o?ce or with the courts.
•
As soon as the patent e(pires, it pass to
the general public domain and now
anybody can use it without the
permission of the original inventor.
Infringement of Patent
•
Patent infringement proceedings can
only be initiated after grant of patent
in India but may include a claim
retrospectively from the date of
publication of the application for
grant of the patent.
•
Infringement of a patent consists of
the unauthori7ed ma)ing, importing,
using, oCering for sale or selling any
patented invention within the India.
doc_976263298.pptx
LAW
PATENT
LAW
By: Group 3
Introducti
on
•
Patent is one of the forms of
intellectual property.
•
The objective of patent law is to
encourage scientifc research,
new technology and industrial
progress.
•
The Patents are granted to
encourage invention and to
secure that inventions.
The Indian Patent Act
•
In India the grant of patents is
governed by the patent act 1!" and
rules 1!#.
•
The patents granted under the act
are operative in the whole of India.
History
•
The Patent Act and $esign Act, 11
•
The Patent Act 1!" and %ules 1!#
•
The Patents Amendment Act, #""&
'hat Is Patent
•
A patent is a monopoly right granted
to a person who has invented a new
and useful article, or an improvement
of an e(isting article, or a new process
of ma)ing an article.
•
It consists of an e(clusive right to
manufacture the new article invented
or *ives the patent owner the right to
prevent others from ma)ing, using or
selling the claimed invention within the
+nited ,tates or -ountry of Issue.
Purpose of getting a patent
•
To enjoy the e(clusive 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.
T.P/, 01 PAT/2T,
•
+tility patent3patents for
invention4
–
Issued for invention of a new and
useful process, machine,
manufacture, etc. for #" years.
•
$esign Patent
–
Issued for new and original design
embodied in or applied to an article of
manufacturer for 15 years.
•
%eissue Patent
–
Issued to correct an error in an
already issued utility or design
patent
•
Plant Patent
–
invents or discovers any distinct and
new variety of plant, li)e cultivated
spores, mutants, hybrids, and newly
found seedlings.
6eneft of Patent
•
The chief beneft of patent is that
they encourage inventions, on a
commercial scale and ensure that
ultimately the patented article or
process is utili7ed for the general
good of the people at large.
6enefts of Patent Protection
•
Prevents theft of the invention
/.g. for ,tartups
•
%educe -ompetition
•
/(pand 8ar)et ,hare
Patentable and 2on
Patentable Inventions
•
A frivolous invention which claims
anything obviously contrary to
well established natural laws,
•
An invention, the primary or
intended use or commercial
e(ploitation of which could be
contrary to public order or
morality or which causes serious
prejudice to human, animal or
plant life or health or to the
environment
•
The mere discovery of a scientifc
principle or the formulation of an
abstract theory, or discovery of
any living thing or non9living
substance occurring in nature.
An Application for a Patent for an
invention may be made by any of the
following persons either alone or
jointly with any other person:
;True and frst inventor
;True and frst inventorher
assignee
Type of Patent Applications
•
0rdinary Application, i.e., an Application
which has been fled directly in the Indian
Patent 0?ce.
•
-onvention Application.
•
P-T Application.
•
$ivisional Application, which can result
from division of a Patent Application.
•
Patent of Addition, which may be fled
subse@uent to the 1iling of an Application
for Patent, for an improvement or
modifcation
Procedure for 0btaining
Patent
•
After fling the application for the grant of patent, a re@uest for
e(amination is re@uired to be made for e(amination of the
application by the Indian Patent 0?ce.
•
After the 1irst /(amination %eport is issued, the Applicant is given
an opportunity to meet the objections raised in the report.
•
The Applicant has to comply with the re@uirements within 1#
months from the issuance of the 1irst /(amination %eport.
•
If the re@uirements of the frst e(amination report
are not complied with within the prescribed period
of 1# months, then the application is treated to
have been abandoned by the applicant.
•
After the removal of objections and compliance of
re@uirements, the patent is granted and notifed
in the Patent 0?ce Aournal.
%enewal fee
•
2o fee for 1
st
and #
nd
year
•
0n yearly basis
•
1or )eeping the patent in force by
paying the annual renewal fee in
time.
•
The number of the patent concerned
and the year in respect of which the
fee is paid shall be @uoted.
Patentee
•
A person to whom a patent has
been grantedB who appears on
the o?cial government
registry as the patent owner.
%ights of a
patentee
•
%ight to e(ploit the patent.
•
%ight to grand license.
•
%ight to surrender.
•
%ight to sue for infringement.
The Term 0f
Patent
•
In respect of a invention claiming
process of manufacturing of a
substance intended to be used as
food or medicine999&years from the
date of sealing or !years from the
date of patent whichever is shorter.
•
In case of any other invention999
15years from the date of patent.
-ompulsory =icensing
•
0ne of the most important aspects
of Indian Patents Act, 1!", is
compulsory licensing.
•
At any time after the e(piration of
three years from the date of the
sealing of a patent, any person
interested may ma)e an application
to the -ontroller of Patents for
grant of compulsory license of the
patent.
/(piry 0f A
Patent
•
The patent has lived its full term.
•
The patentee has failed to pay the
renewal fee.
•
The validity of the patent has been
successfully challenged by an opponent
by fling an opposition either with the
patent o?ce or with the courts.
•
As soon as the patent e(pires, it pass to
the general public domain and now
anybody can use it without the
permission of the original inventor.
Infringement of Patent
•
Patent infringement proceedings can
only be initiated after grant of patent
in India but may include a claim
retrospectively from the date of
publication of the application for
grant of the patent.
•
Infringement of a patent consists of
the unauthori7ed ma)ing, importing,
using, oCering for sale or selling any
patented invention within the India.
doc_976263298.pptx