INTELLECTUAL PROPERTY – THE INDIAN PATENT ACT – 1970
Intellectual property is the product or creation of the mind. It is different from other properties in term that it is “intangible”. Hence it needs some different way for its protection.
INTELLECTUAL PROPERTY RIGHTS
IPR is the body of law developed to protect the creative people who have disclosed their invention for the benefit of mankind. This protects their invention from being copied or imitated without their consent.
THE INDIAN PATENT ACT
• In India the grant of patents is governed by the patent Act 1970 and Rules 1972.
• The patents granted under the act are operative in the whole of India.HISTORY The Patent Law of 1856 The Patent and Designs Act, 1911. The Patents Act, 1970 and Rules 1972 The Patent amendment act 2005
What is a patent ?
A patent is a grant from the government which confers on the guarantee for a limited period of time the exclusive privilege of making, selling and using the invention for which a patent has been granted
Purpose of getting a patent
• To enjoy the exclusive rights over the invention.
• The patent is to ensure commercial returns to the inventor for the time and money spend in generating a new product.
What can be patented?
• In order to be patentable , an invention must pass four tests;1. The invention must fall into one of the five “statutory classes’: Processes, Machines , Manufactures Compositions of matter, and New uses of any of the above2. The invention must be “useful”3. The invention must be “novel”4. The invention must be “nonobvious’
Grant of a Patent
• A certificate of patent is issued within 7 days
• Grant of patent is published in the official journal
FILING TO GRANT OF PATENT FILING OF APPLICATION PROVNL. / COMPLETE PUBLICATION OF APPLICATION
• PROMPTLY AFTER 18 MONTHS FROM P.D. REQUEST FOR EXAMINATION
• WITHIN 48 MONTHS FROM F.D. EXAMINATION-ISSUE OF FER 3rd Party Representation
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS GRANT OF PATENT OPPOSITION • WITHIN 12 MONTHS Decision of ControllerAppeal Appellate Board Revocation/Amendment
• To be paid within 3+6 months from date of recording in the register [sec 142 (4) ]
• No fee for 1st and 2nd year
• Renewal fee, on yearly basis, is required to be paid for 3rd to 20th for keeping the patent in force
• Delay upto six months from due date permissible on payment of fee for extension of time
• Patent lapses if renewal fee is not paid within the prescribed period
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 .