A patent is a set of exclusive rights granted by a state
(national government) to an inventor or their assignee for
a limited period of time in exchange for a public
disclosure of an invention.
The term patent usually refers to a right granted to anyone
who invents or discovers any new and useful process,
machine, article of manufacture, or composition of matter,
or any new and useful improvement.
3. HISTORY OF PATENT ACTS IN INDIA
1856 Act for protection of inventions on the basis of British law of 1852
1859 Patent monopolies called exclusive privileges (14 year)
1872 Patents and Designs Act
1883 Protection of Inventions Act
1888 Inventions and Designs Act
Modern patent era by Patents and Designs Act. First time an authority call
Controller General of Patents appointed
1959 Justice Ayyangar’s report
1967 Patent Act bill introduced in the Parliament
1970 The Patents Act passed by the parliament
1972 The Patents Act-1970 came into force on April 20, 1972
1994 Amendment by ordinance to include Exclusive Marketing Rights (EMR’s)
1999 Amendment passed by the parliament. New patent amendment bill referred to
Patents Act 1970 with second amendment comes into force
Patent Act 1970 (2005 Amendment) comes in to force from 1-1-2005
No product patent for chemicals, food and medicine
No patents for agriculture and horticulture products
Patents to be worked in India.
6. Patent Law - Salient Features
• Both product and process patent provided
• Term of patent – 20 years
• Examination on request
• Both pre-grant and post-grant opposition
• Fast track mechanism for disposal of appeals
• Provision for protection of bio-diversity and traditional
• Publication of applications after 18 months with facility for
• Substantially reduced time-lines
7. Safeguards in the Patent Law
• Compulsory license to ensure availability of drugs at
• Provision to deal with public health emergency
• Revocation of patent in public interest and also on security
8. The Term Of Patent :
In respect of a invention claiming process of manufacture of a
substance intended to be used as food or medicine ---- 5 yrs
from the date of sealing or 7 yrs from the date of patent
whichever is shorter.
In case of any other invention ---- 14 yrs from the date of
9. Expiry Of A Patent
A patent can expire in the following ways:
1. The patent has lived its full term.
2. The patentee has failed to pay the renewal fee.
3. The validity of the patent has been successfully challenged by an
opponent by filing an opposition either with the patent office or
with the courts.
4. As soon as the patent expires, it pass to the general public domain
and now anybody can use it without the permission of the original
10. Rights of a patentee
1. Right to exploit the patent.
The patentee has a right to prevent 3rd parties, from
exploiting the patented invention.
2. Right to grant license.
The patentee has a power to assign rights or grant license.
3. Right to surrender.
The patentee is given the right to surrender the patent by
giving notice in prescribed manner to the controller.
4. Right to sue for infringement.
A patentee is given the right to institute proceeding for
infringement of the patent in a district court .
11. STAGES - FILING TO GRANT OF PATENT
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
• PROMPTLY AFTER 18 MONTHS FROM P.D.
• WITHIN 48 MONTHS FROM F.D.
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
• WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
EXAMINATION-ISSUE OF FER