Indian patent laws final

2. THE INDIAN PATENT ACT
o In India, the grant of patents is governed by the patent Act 1970 and rules 1972.
o The patents granted under the act are operative in the whole of India.
H I S T O R Y
o The Patent law of 1856
o The Indian Patent and Designs Act, 1911.
o The Patent Act,1970 and Rules 1972.
o The Patent amendment act 2005

3. A patent is a type of intellectual property that gives its owner the legal right to exclude
others from making, using, or selling an invention for a limited period of time in exchange
for publishing an enabling disclosure of the invention.
What is a patent?

4. W H A T C A N B E P A T E N T E D ?
To get a patent, the invention must meet four requirements:
o The patent should cover a composition, production process, machine, tool, new plant
species, or an upgrade to an existing invention.
o The invention must be “useful”.
o The invention must be "novel”.
o The invention must be “non-obvious”.
P U R P O S E O F G E T T I N G A P A T E N T … … … .
o To enjoy the exclusive rights over the invention.
o To patent is to ensure commercial returns to the inventor for the time and money spent in
generating a new products

5. TYPES OF PATENTS
o Three types of patents are granted under
the provisions of the act, namely:
1. An ordinary patent
2. A patent of addition
3. A patent of convention
o A second type of classification of patent is:
1. Product patent
2. Process patent
S A F E G U A R D S I N T H E P A T E N T L A W
o Compulsory license to ensure availability of drugs at
reasonable price.
o Provision to deal with public health emergency.
o Revocation of patent in public interest and also on
security considerations.

6. SALIEN T F EATU RES O F PATEN T LAW
o Both Product and process patent provided.
o Term of patent – 20 years.
o Patent Examination on request.
o Substantially reduced time-lines.
o Both pre-grant and post-grant opposition.
o Fast track mechanism for disposal of appeals.
o New and not a part of Section 3 and 4,related to non-patentable subject matter.

7. S e c t i o n 3 i n T h e P a t e n t s A c t , 1 9 7 0
SECTION EXAMPLE
Section 3a)
Inventions contrary to well established natural
laws.
o A machine claiming 100% efficiency.
o Perpetual machine.
Section 3b)
Inventions contrary to public order or morality.
o Gambling device.
o Device for house-breaking.
o Device for counterfeiting of currency notes.
Section 3d)
Duplication of known properties of traditionally
known components.
o Usage of Turmeric as antiseptic i.e. for wound healing.
o Neem being used for pesticidal or insecticidal
activities.

8. NON PATENTABLE INVENTIONS
o Inventions falling within section 20(1) of the atomic energy act, 1962 are not patentable.
E.g.: Inventions related to components of uranium, beryllium, thorium, plutonium,
radium, graphite, lithium, and more as notified by central government from time to
time.
DU RATIO N O F A PATEN T:
o For process claiming the invention of a substance intended to be used as a food or
medicine a duration of 5yrs from the date of sealing or 7yrs from the date of patent
whichever is shorter.
o In case of any other invention the duration is confined to 20 yrs. from the date of
patent.
o Patents have a particular expiration term.

9. P R E - G R A N T O P P O S I T I O N
o Rule 55 of the Patent Rules, 2003 : Where
the opponent can challenge a pending
application prior to the grant of a patent.
o The opposition is made any time before the
grant of a patent but preferably within 6
months of publication of the application.
P O S T - G R A N T O P P O S I T I O N
o Where the opponent challenges the validity
of a patent that has already been granted.
o The opposition can be made within 1 year
from the date of grant of patent.
PATENT OPPOSITION
There are 2 types of opposition:
o Pre-grant Opposition.
o Post-grant opposition.

10. GRANT OF A PATENT
o A certificate of patent is issued within 7days.
o Grant of patent is published in the official journal.
RENEWAL FEE
o No fee for the first 2 years
o Renewal fee on yearly basis is required to be paid to keep the patent in force.
o Patent is lapsed if the renewal fee is not paid.

11. RIGHT OF A PATENTEE
o Right to exploit the patent.
o Right to assign and license.
o Right to surrender the patent.
o Right before sealing.
o Right to apply for the patent of addition.
o Right in case of infringement.
o Right to supply copies and certificates.