Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
PROPERTY AND
PATENTS ACT 1970
Presented Ashish Rakheja
Pankaj
by
Deshpande
Sarthak Chandra
Shruti Shukla
Sreeda P
TOPICS
COVERED
Concept of
IP Laws
Compulsory
Licences
Patent Law
Restoration of
Lapsed Patent
Procedures
for Grant of
Patent
Patent of
Addition
Surrender &
Revocation of
Patents
Infringement
of Patents and
Remedies
CONCEPT OF IP
LAWS
INTRODUCTION
Property: Something capable of ownership
Characteristics:
Possidendi: the right to possess
Utendi: the right to use
Dispodendi: the right to dispose
Types:
Tangible
Intangible
IP INCLUDES
Industrial Property
Inventions
Industrial Design
Trade service names and marks
Copyright
Trademark
Source: http://previews.123rf.com/
PATENT LAW
FEATURES OF A PATENT
Novelty
Utility
Product/process
Exclusive rights
Limited grant period
Description of specifications
Based on claims
Source: http://www.particlesciences.com/
NON PATENTABLE
INVENTIONS Medical, surgical, diagnostic process
Frivolous Inventions
Usage contrary to law
Mere discovery of
Scientific principle
New property
Traditional knowledge
substance
Substances obtained by just
mixing
Atomic Energy
Topography of integrated circuits
WHERE TO APPLY?
Head office or branch office of the Patent Office in whose
territorial jurisdiction
The applicant resides
Residence of the first mentioned applicant in case of joint
application
Address of service in India if no place of business or
domicile in India
FORM OF APPLICATION
For 1 invention only
States
That applicant possess the invention
Names the first and true inventor
Accompanied by provisional/complete specification
http://ipindia.nic.in/ipr/patent/patent_
formsfees/
FOREIGN APPLICATION
PROCEDURE
Can apply for patent outside India only if:
Application to be made in India 6 weeks before making outside India
Written authorization from controller
No secrecy direction
Prior consent from centre government
PROCEDURES FOR
GRANT OF PATENTS
OPPOSITION TO GRANT OF
PATENT
Within 4 months
On the grounds:
Wrongfully obtained invention
Prior publication
Earlier priority date claim
Obviousness
Non patentable invention
Unclear description
Non disclosure of information
Time barred convention
application
Anticipated invention
Form-7
PATENTS OF
ADDITION
COMPULSORY
LICENCES
(Section 84 94)
Central Government
Person engaged in or promoting research
in the same field as that to which
invention relates
Person notwithstanding that he is already
a holder of a licence under the patent
RESTORATION OF
LAPSED PATENTS
Form-15
Form-14
SURRENDER AND
REVOCATION OF
PATENTS
Surrender of Patents
Section 63
How can a patentee surrender a
patent?
No usefulness
False suggestion
Obviousness
Non patentable
Continued
Earlier secret use
Contravention of security
Fraudulent amendment in the specification
Interest of security of India
Revocation of Patent
INFRINGEMENT OF
PATENTS AND
REMEDIES
What is Infringement ?
Unauthorized making, selling or distributing, using, exercising of patented
method/ process
In the suit, the following must be established:
Existence of aPatent in favor of the plaintif
The defendant must be shown to have used, exercised, counterfeited,
imitated, sold or distributed the invention without a license from the
plaintif
Colorable Imitation
Alteration of one or more additional features or
Additional features along with the essential features
Continued
Jurisdiction to entertain suits for Infringement
District court
High court
Time frame: within 3 years
Defenses against
Infringement