Presentation on theme: "PATENTS LAW An Indian Perspective"— Presentation transcript:
1 PATENTS LAW An Indian Perspective By Intellectual Property & Information Technology Laws DivisionIndia
2 Areas Covered What is Patent? Need for Patents Benefits of Patents InventionsWhat cannot be patented in IndiaWho can apply for patentTypes of Patent ApplicationsPatent of AdditionDivisional Patent ApplicationInternational ApplicationsPatent filing requirementsPatent ApplicationPatent Procedure and renewalJurisdictionOppositionGrant of PatentRevocation of PatentInfringement and RemediesThe Patent Edge
3 What is a Patent? Patent is an exclusive and monopoly right to use the patented inventionfor a limited area and time (20 Years)by stopping othersfrom making, using, importing or selling.Patents are territorial rights,so an Indian patent will only give the owner rightswithin India andrights to stop others from importing products into IndiaNo concept of International PatentsWhen a patent is granted,the applicant becomes the owner of the patent.Like any other form of property, a patent can be bought, sold, licensed or mortgaged.territorial aspecttemporal aspectIndex
4 Quid Pro Quo*The applicant must disclose how his invention works in sufficient detail in order to get a patent.Disclosure to the public of the invention and the manner of its working so that on the expiry of the life of the patent the public are enabled to work the inventions themselves and in competition with each other* An equal exchange or substitution
5 What is the need for Patents? To enjoy monopoly of the invention through exclusive rightsRight to manufactureRight to sellRight to import, etc.inventions should be encouraged for public interestencourage the disclosure of inventions in preference to their use in secretIndex
6 General Benefits Of Patents Reducing the number of competitors in the marketRevenue GenerationLicensing,Assignment,Technology Transfer,Merger and Acquisition,IP Auction, etc.Confidence for venture capitalists or other investorsIncrease the value of the companyCompany can sell the IP portfolio separatelyContinued monopoly of the Patent results in establishing goodwillIndex
7 Essential Ingredients of Patents InventionAn Invention meansA new product or process;Involving an inventive step;Capable of industrial applicationEssential Ingredients of PatentsNoveltyInventive StepLack of Obviousness,Sufficiency of description.Index
8 What Cannot be Patented in India? Mere Idea/DiscoveryContrary to Natural lawsContrary to Public Morality or OrderMere Admixture/Arrangement/RearrangementNew use/property of a known materialMethod of Agriculture/HorticulturePlants and Animals except Micro-organismsMathematical or Business MethodComputer Program per seContd..
9 What Cannot be Patented in India? Process of treating human beings or animalsAtomic energyTraditional KnowledgeTopography of Integrated CircuitsPresentation of InformationMere Scheme/Rule/Method of performing mental act or playing gameLiterary, dramatic, musical or artistic workIndex
10 Who Can Apply for Patent Any person whether a citizen of India or notTrue and First Inventor of the InventionHis assigneeHis Legal RepresentativeEither Alone or jointly with another personIndex
11 Types of Patent Application Ordinary patent applicationPatent of additionDivisional Patent ApplicationInternational applicationby PCT route orby Conventional route.Index
12 Patent of Addition A patent application for any improvement ormodification of an inventiondescribed in complete specificationof the main patent application filed.Term of Patent of Addition expires with the expiration of the Parent Patent.No extra fee required for renewal.Index
13 Divisional Patent Application One patent application only for one invention.Specification relate to more then one inventionthe application is divided or split,The date of application of the divisional application will be the date of main patent application.No new subject matter in substance shall be present.Index
14 International Application PCT Application under Patent Cooperation TreatyConvention ApplicationIndex
15 Patent Filing Requirements In India Two copies of application for grant of patent (Form 1);Two copies of the complete patent specification (Form 2);Two sets of the drawing figures, if any, one set of which should be in thick A-4 size white sheets;Duly stamped power of attorney authorizing the agent (Form 26);Declaration of the Inventorship signed by the applicant (Form 5);Priority documents, if any; if not in English, English translation thereofThe Statement and Undertaking regarding corresponding foreign filings (Form 3);Index15
16 Bibliographic Information Technical Information Patent ApplicationBibliographic InformationTechnical InformationDate of Filing & Publication Name & Address of Applicant Title, Classification, Abstract, Drawing, Formula etc. Corresponding Priority Application /Patent State of Art Description Drawings Claim(s)Index16
18 Patent Renewal Fee (INR) for Legal entity Term Of PatentAnnuityPatent Renewal Fee (INR) for Legal entity3INR 2 ,0004567INR 6 ,000891011INR 12 ,0001213141516INR 20 ,00017181920The term of a patent is20 years from the date of priorityand is maintained by paying the renewal feesevery succeeding year as given in the tableIndex18
19 Jurisdiction An Indian Applicant Can file Application for patent at the Appropriate Patent Office under whose jurisdictionhe normally resides orhas his domicile orhas a place of business orthe place from where the invention actually originatedContd..
20 Non-Resident Applicant Non-Domicile Applicant ForNon-Resident ApplicantNon-Domicile ApplicantApplicant having no place of business in IndiaThe Address for service in India orplace of business of his patent agentIndex20
21 Opposition to Patents Pre Grant Opposition [Sec 25(1)]; Can be filed by any person;after the publication of the patent application;11 grounds for representation ( Pre Grant Opposition) ;For exampleWrongfully obtained the inventionInvention is anticipatedApplication does not disclose the source or geographical originApplication does not disclose the inventive stepcontd..
22 Post Grant Opposition [Sec 25(2)] Should be filed within 12 months from the grant of patent;Only by Person Interested;11 ground for post grant opposition.For exampleWrongfully obtained the inventionInvention is anticipatedApplication does not disclose the source or geographical origin of biological materialApplication does not disclose the inventive stepIndex
23 Grant of PatentA temporary exclusive right given by the authorized body for a limited time period (20 years) to prevent unauthorized use of the technology as claimed in the patent application.A Patent has to be granted for it to beeffective and enforceable against infringement.Index
24 Revocation of PatentsPetition before Appellate Board by Person Interested/Central Govt.;Or by the High Court on a counter claim in a suit for infringement;Grounds for revocationPerson not entitled to obtain a PatentSubject is not an inventioninvention not usefulInvention is anticipatedApplication does not disclose the source or geographical origin of biological materialIndex
25 Infringement Of Patent RemediesInjunction/ temporary injunctionDamages/Account of ProfitsSeizureDestruction/Delivery upIndex
26 The Patent Edge Patents can be used offensively, defensively, or simply to build company image.Revenue generationIP AuctionLicensingAssignmentTechnology TransferA key component in a robust business strategy.Allows the company to operate from a position of strength in licensing and settlement negotiations.Other IP’s, including trademarks, copyrights, and trade secrets, may also be used in conjunction with patent to protect valuable company assets.Index
27 Intellectual Property & Information Technology Laws Division Flat No 903, Indra Prakash, 21, Barakhamba Road, New Delhi (India) Phone: (Direct) Phone: Ext 532 Mobile : Fax:
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