Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
NATURE OF IP
- IP - Intangible Incorporate Property / Territorial in nature
A bundle of rights
Eg. a) Patent - Exclusive right to use invention patented
To grant Licenses to others
To sell that right
b) Industrial - Exclusive right to apply design
Design
c) Trade Mark - Exclusive right to use mark in relation
to a product of service
Prevents others from using it
d) Copyright - Right of Reproduction
e) Know How & -Rights exist until it is secret
Confidential Action against unlawful use Information
COMMERCIAL EXPLOITATION OF IP
- Patent - Industrialize )
- Design - Give Licence to use ) Licence can also be
- Copyright - Reproductions ) granted
- Trade Mark - Use will earn Royalty )
INTERNATIONAL CHARACTER OF IP
- Globalization of Trade and Commerce has had its impact on IP
- IP travels effortlessly from Country to Country
- Piracy has acquired International character
- International conventions
ENFORCEABILITY - 20.04.1972
DEFINITIONS
1. Sec. 2(ab) - ‘ASSIGNEE’ includes as Assignee of the Assignee and
the legal representative of a deceased assignee and references to
the assignee of any person include references to the assignee of the
legal representative or assignee of that person
11. Sec. 2(m) - ‘PATENT’ means patent granted under the Act
12. Sec. 2(n) - ‘PATENT AGENT’ means a person for the time being
registered under the Act as Patent Agency
15. Sec. 2(p) - ‘PATENTEE’ means a person for the time being entered
on the register as the Grantee or Proprietor of the Patent
18. Sec. 2(y) - ‘TRUE AND FIRST INVENTOR’ does not include either
the First Importer of any invention into India, or to whom an
invention is first communicated from outside India
INVENTIONS NOT PATENTABLE
Sec. 3 - WHAT ARE NOT INVENTIONS
1. Frivolous and contrary to laws of nature
2. Commercial exploitation of which is contrary to public order or
morality and causes prejudice
3. Discovery of : Scientific principle / Formulation
Living thing
Non-living substance occurring in nature
New property or new use of a known substance
New use of known process, machine or appratus
unless resulting in new product
4. A substances obtained by admixture
5. Mere arrangement or re-arrangement or duplication of known
devices
6. Method of agriculture and horticulture
7. Any process for medicinal, surgical, curative, prophylactic,
diagnostic, therapeutic treatment of human beings and animals to
render them free of disease or which increases its economic value
8. Plants and animals and its biological process for production or
propagation
9. Mathematical or business method or computer program
10. Literary, dramatic, musical or artistic work or aesthetic creation
including cinematographic works and television productions
11. Scheme or role or method of performing mental act or method of
playing game
12. Presentation of Information
13. Topography of integrated circuits
14. An invention involving traditional knowledge
Sec. 4 - INVENTIONS relating to ATOMIC ENERGY NOT
PATENTABLE as per Atomic Energy Act, 1962
ANTICIPATION
- No Anticipation in following cases :
a) Featured in Complete Specification and prior to Priority Date but has
been obtained or derived from this Application (Sec. 29)
b) Has been communicated to Government under its Authorisastion
(Sec. 30)
c) Has been publicly displayed in an exhibition or described in
newspaper publication with consent of Applicant (Sec. 31)
d) Publicly worked for reasonable trial by Applicant or with consent of
Applicant (Sec. 32)
e) Used and published after filing of Provisional Specification (Sec. 33)
- The above grounds cannot be used by Controller to refuse, revoke
or invalidate Patent (Sec. 34)
PATENTS OF ADDITION
- Patent of Addition can be granted to any improvement in or
modification of a Patent wherein a Complete Specification has been
filed and the Complete Specification should have been filed on or
later than Date of Specification in main invention (Sec. 54)
- Patent of Addition shall exist for same period as Main Patent and if
Main Patent is revoked before expiry of period, Patent of Addition to
continue as Independent Patent (Sec. 55)
- Patent of Addition cannot be revoked or invalidated on the ground
that it does not involve :
i) Inventive step
ii) Ought to be subject of Independent Patent
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PATENT AGENTS
- Controller to maintain Register of Patent Agents and the same to
contain name, addresses and other relevant particulars of persons
qualified and the same can be retained in Electronic System (Sec.
125)
- Qualifications for registration as Patent Agent :
i) Citizen of India
ii) 21 years
iii) Degree in Science, Engineering or Technology
iv) An Advocate
v) Passed Qualifying Exam
vi) Functioned as Examiner for 10 years
vii) Paid prescribed fee
Already registered as Patent Agent prior to 2002 (Sec. 126)
- Rights of Patent Agent :
i) Practice before Controller
ii) Prepare proceedings before Controller (Sec. 127)
- All Applications and Communications (Verification) to Controller to
be signed by Patent Agent and Concerned Person (Sec. 128)
- One can practise as Patent Agent only if registered as such and
means :
i) Applying for or obtaining Patents in India or elsewhere
ii) Preparation of Documents and Specifications
iii) Advice (Sec. 129)
- Removal of name from Patent Register when
i) Name has been entered in error or on misrepresentation
ii) Sentenced to imprisonment for Professional Misconduct
- Restore name if sufficient cause shown (Sec. 130)
- Controller has power to refuse to deal with certain Agents :
i) Name removed from Register
ii) Convicted for Professional Misconduct
iii) Acting / Employed as Patent Agent of another
iv) Controller does not recognize as Patent Agent - No residence or
place of business in India (Sec. 131)
- No prohibition for
i) Applicant for Patent to draft Specification or appear before
Controller
ii) An Advocate (Sec. 132)
INTERNATIONAL ARRANGEMENTS
- Notification as Convention Country when another Country is given
same Rights as Indians based on Treaty, Convention or
Arrangement (Sec. 133)
- Notification as to Countries not providing for Reciprocity then that
National cannot :
i) Apply for Grant of Patent
ii) Registered as Proprietor of Patent
iii) Apply and hold Licence (Sec. 134)
- Convention Application - Made in more than One Country (Sec. 135)
- Special Provisions relating to Convention Application are :
i) Accompanied by Complete Specification
ii) Specify Date and Countries where Application is submitted
iii) No Application prior to Date of receiving Authority
- Patents of Additions Application
- Convention Application cannot be Post-Dated (Sec. 136)
- One Application sufficient in case Convention Application is made in
more than One Country in respect of same Invention and Priority
Date is Date of First Application (Sec. 137) and disclosure to have
taken place in First Application
- Supplementary Provisions as to Convention Application -
i) To give information of all Applications
ii) Translation if in Foreign language
iii) Date of Application as given by Head in that Country
iv) Complete Specification in International Application can be used
for purposes of this Act
v) Date of Filing to be Date of Filing under Patent Co-operation
Treaty
vi) Amendment to be considered as made before Patent Office
- All other Provisions to apply to Convention Application (Sec. 139)
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