2. What is patent?
• A patent is a right given to the owner of an
invention that prevents others from making,
using, importing, or selling the invention without
his permission. A patentable invention can be a
product or a process that gives a new technical
solution to a problem.
3. EVOLUTION OF PATENT LAW IN INDIA
• The history of legislation is hardly 150 years old.
• After 1947 India worked as providers of the raw
material to british industries.
• In India all the patent/trade related laws came in
existence after 1947.
• ELIZABETH I, JAMES I supported the idea of
granting monopoly rights to promote inventive activity.
• In 3rd centurary in Greece grants for patents and
special rights were given.
4. • In 10th centuray in England rewards were given to
travel abroad and bring back goods and technology to
improve industrial standards.
• By 1300 merchant guide were formed and that gives
exclusive rights to trade within town.
• By 1326 policy of granting open letter(patent) in all
field were established.
• First application was for new kind of furnace and wheel
machine to G.Aconito(Italian residing England).
5. • The statute of monopolies were passed by BRITISH
PARLIAMENT which allows to give competition over
monopoly in trade and economy.
• The statute allow the monopoly for 14 years and it is
said to be first and true inventor. even first importer is
also given the name of inventor.
• The satute include essential qualification of patents that:
i) The invention must not
be contrary to law nor mischievous to state.
ii) It must be for economic growth, encouragement and
6. • In 1852 , PATENT LAW amended.
• It provides protection to the applicant by registering
specification, paying reasonable fees.
• Once the provisional specification filed,12 months time
given to workout on the registered idea.
• patent office estalblished in 1883.
• In 1901 FRY COMMISISON pointed that 40% of the
patent/invention already described in Bristish
• Second significant developement too place in 1883:
a) Trials of patent action were conducted by single
judge instead of jury.
b)Patent specification was required to include at least one
7. • Paris convention 1883, two major features:
a) National treatment- each member state will be given
same treatment in matter of aquisition and protection of
b) Convention priority- if patent application is filed in
any menber state of convention, he could file an
application within 12 months in another convention
• In 1856 the first Indian statute on patents was passed
granting some exclusive privelages to inventors for 14
• Revised in 1859 granted exclusive privilage to make, sell
and use the invention in India.
8. • Afterward few acts came in existence which are as
i)1872 Patent and Design Protection Act.
ii)1888 Invention And Design Act.
iii)1911 Indian Patents And Design Act [Based on British
Patent And Design Act 1907].
• After 1947, two expert commitees will be reviewed the
i)Headed by justice Rajgopal Iyengar.
ii)Headed by Bakshi Tekchand.
• It was found that 90% patents were own by MNC's &
had misused the patent largely.
9. Following the report finally Indian Patent Act 1970 was
PATENT LAW IN INDIA:
i) The act amended from time to time.
ii) First act for protection of invention in India was based
on British Patent Law of 1852 were for 14 years.
iii) The act was modified in 1859 allowed inventors for
making, selling and using invention in India-Patent And
Design Act 1911 was detailed legislation-Patent Act of
10. ENACTMENT OF PATENT ACT 1970
1957-patent law reviewed by justice N Rajagopala
1959-necessary changes reported to govt.
21st sep 1965-the patent bill introduced in loksabha.
19th sept 1970-the patent bill came on the statute book as
SALIENT FEATURES OF ACT 1970
i)Who can apply for the Patent- true and first inventor, his
assignee, legal representative of any deceased person.
ii)True & first inventor-actual inventor not the first importer
of the invention.
11. iii)In case if the inventor is an employee of an
organization-invention made during the employement
would be patentable in name of the employee.
iv)Ownership of patent will be dependent on terms of
contract between employee and employer.
v)Employee name will be there on invention.
12. FILING OF PATENT APPLICATION
• One application filed for one invention.
• Filed in triplicate in prescribed form along with
• It should be accompanied by provisional or complete
• Office-where the person residing or has his domicile or
has place of business or place where the invention
• If the application is filed by the assignee it must be
accompanied with proof of the right to make the
13. • Every application must state that the applicant is in
"possession'' of the invention & shall name the assignee
& the first and true inventor.
• Possession of invention is the possession of conception
has been defined as ''the formation in the mind of an
inventor of a definite & permanent idea of complete &
operative invention, as it is there after to be applied in
• Indian patent asks for(requirements)
-Full name,address,nationality of applicant & inventors.
-Whether application has been made or patent granted in
PCT or a convention country.
• Claims of priority.
• Description of application.
14. • Drawing and filing fees.
• The patent for modification/improvement is granted by the
controller, if invention is an improvement/modification of
another invention as Patent of addition.
• Provisional specification prescribes the nature of
invention, it relates to the stage of conception of an
inventive idea in forms of proof of concept.
15. CONSEQUENCES OF GRANT OF PATENT:
• Rights of patentee- the third parties cannot use the
invention for making ,selling ,or importing a product
without patentees permission.
• Right to exploit patent- can make commercial use of
patented invention even govt. can use it.
• Right to license(section 70)-the patentee has the power
to assign rights or grant licences or enter into another
• Right to assign-patentee can assign his patent to another
person through sale, gift, or any other legal mode.
• Right to surrender the patent (section 63).
• International Bureu of WIPO, World Intellectual
Property Organization: General Information
WIPO Pub No. 400