Indian Patent act 1970

Patent:
Patent word from Latin: patere-
“to lay open”
(to make it available for public inspection)
Patent is a grant from the government
A guarantee for a limited period of time
The required privilege for
Making
Selling
Using the invention

• A patent is a monopoly right to a person who
has invented a new and useful article or it is
an improvement of an existing article or a
new process of making an article.
4

• A patent is not granted for an idea or
principle as such, but it is granted for some
article or the process of making the same
article.
• The term of every patent is 20 years and it
maintain by paying the renewal fees at
every succeeding year.
•
5

 Prevention against
leaking of the invention
through workmen of
inventor.
 Prevent secret
exploitation of invention
by the competitor.
 On obtaining patent the
patentee can lawfully
enforce against
infringers.
6

Why patent is necessary ?
To encourage
research and
development
Induces an
inventor to
disclose his
invention
Stimulate capital
investment
affects economy
Encourages
technology
development
Encourages
establishment of
new industries

Patent Grant ProcedurePatent Grant Procedure
Filing of patent application
Publication after 18
months
Pre Grant Opposition /
Representation by any person.
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent
(Constitution of Opposition Board)
Early Publication
Decision By Controller

1856 Protection of invention
1911 Indian patents & designs act
1972 Patents act (act 39 of 1970)
– only process patents | 14 year, 5 year (food/drug)
1975 India joins WIPO
1999 India signs TRIPS (after joining WTO)
1999, 2002, 2004,
2005
Amendments
-Product patents | 20 years patent period
Journey of Indian Patent System

The Indian Patent Act, 1970
The Indian legislation which control the patents system
In India the grant of patents is governed by the patent
act 1970 and rules 1972 which is operative in the
whole of India

CHAPTER I
PRELIMINARY
Short title, extent and commencement.
 This Act may be called the Patents Act, 1970.
 It extends to the whole of India.
 It shall come into force on such date as the Central
Government may, by notification in the Official
Gazette
Contd...

Definitions and interpretation.
 Assignee includes the legal representative of a
deceased inventor.
 Invention means any new and useful-
(i) art, process, method or manner of manufacture
(ii) machine, apparatus or other article
(iii) substance produced by manufacture, and includes
any new and useful improvement of any of them, and
an alleged invention
 Legal Representative means a person who in law
represents the estate of a deceased person
Contd...

Patentee means the person for the time being entered on
the register as the grantee or proprietor of the patent
True And First Inventor does not include either the first
importer of an invention into India, or a person to whom
an invention is first communicated from outside India

Invention
or
Discovery
just a theory,
or based on
known theory,
arrangement or
rearrangement
in a known
way
based on
traditional
knowledge
related to
atomic energy
injurious to
public health
contrary to
natural laws
CHAPTER II: INVENTIONS NOT PATENTABLE

A method for
Agricultur
e
Horticulture
Human
health
related
Contd…..

CHAPTER III
APPLICATIONS FOR PATENTS
Contd...

Form of application
Provisional and complete specifications
complete specifications within 12 months (3 months
relaxation after the permission of controller but have to pay a
prescribed fee).
Contents of specifications
Provisional : Title & idea of invention
Complete : title, abstract, full description, its utility, scope,
diagram, etc.
Priority dates of claims
first to file (in India)
first to document (in USA)

CHAPTER IV
EXAMINATION OF APPLICATIONS
Examination of application :
after submission of complete specifications.
Search for anticipation by previous publication and by
prior claim :
It is the duty of examiner to check applications
Consideration of report of Examiner by Controller:
Controller analyse it and make gist of objection, send to
applicant & provide prescribed time to him to eradicate
these objections.
Contd...

Power of Controller
 to refuse or require amended applications in certain
cases
to make orders respecting division of application
to make orders respecting dating of application
in cases of anticipation
in case of potential infringement
to make orders regarding substitution of applicants, etc.
Contd...

Time for putting application in order for acceptance
An application for a patent shall be deemed to have been
abandoned unless within fifteen months from the date on
which the first statement of objections to the applicant by
the Controller.
Acceptance of complete specification:
 within 12 months from the date of filing of provisional
application
Advertisement of acceptance of complete specification

CHAPTER IVA
EXCLUSIVE MARKETING RIGHTS
Application for grant of exclusive rights:
To sell or distribute article or substance in India (made in
prescribed form and on payment of fees).

CHAPTER V
OPPOSITION TO GRANT OF PATENT
Opposition to grant of patent:
four months from date of advertisement of acceptance of
complete specification (1 month may exceed)
In cases of "obtaining" Controller may treat application as
application of opponent
Refusal of patent without opposition :
 its all depends on controller.
Mention of inventor as such in patent

CHAPTER VI
ANTICIPATION
previous publication
previous communication to Government
public display, etc.
public working
use and publication after provisional specification

CHAPTER VII
PROVISIONS FOR SECRECY OF CERTAIN
INVENTIONS
To inventions relevant for defence purposes
Secrecy directions to be periodically reviewed:
within 9 months (extend period of 3 months) by central govt.
Consequences of secrecy directions :
central govt. provide him reward/payment

CHAPTER VIII
GRANT AND SEALING OF PATENTS AND
RIGHTS CONFERRED THEREBY
Grant and sealing of patent:
the application has been opposed and the opposition has
been finally decided in favour of the applicant
Amendment of patent granted to deceased applicant
the Controller is satisfied that the person to whom the
patent was granted had died before the patent was sealed,
the Controller may amend the patent by substituting for
the name of that person the name of the person to whom
the patent ought to have been granted.
Contd...

Date of patent
every patent shall be dated as of the date on which the
complete specification was filed
Form, extent and effect of patent
Every patent shall be in the prescribed form and shall have
effect throughout India.
A patent shall be granted for one invention only:
Contd...

Grant of patents to be subject to certain conditions
any machine, apparatus or other article, process, medicine
& drug.
Rights of patentee
to make, use, exercise, sell or distribute the invention
Rights of co-owners of patents
Where a patent is granted to two or more persons, each of
those persons shall be entitled to an equal undivided share
in the patent.
use, exercise and sell the patented invention for his own
benefit without accounting to the other person or persons.
Term of patent
5 years- for food, drugs & medicine.
14 yrs – for all other inventions (methods &/or processes)

CHAPTER IX
PATENTS OF ADDITION
Patents of addition
 any improvement in or modification of an invention
which is not present in complete specification
Terms of patents of addition-
equal to the term of patents for the main invention.

CHAPTER X
AMENDMENT OF APPLICATIONS AND
SPECIFICATIONS
Amendment of application and specification before
Controller:
 Every application for leave to amend an application for a patent
or a specification under this section made after the
acceptance of the complete specification and the nature of
the proposed amendment shall be advertised in the prescribed
manner.
Amendment of specification before High Court
 Where an application for an order under this section is made to
the High Court, the applicant shall give notice of the application
to the Controller and the Controller shall be entitled to appear
and be heard, and shall appear if so directed by the High Court.

CHAPTER XI
RESTORATION OF LAPSED PATENTS
Applications for restoration of lapsed patents
The patentee or his legal representative, and where the patent
was held by two or more persons jointly, then with the leave of
the Controller, one or more of them without joining the others,
may, within one year from the date on which the patent ceased
to have effect, make an application for the restoration of the
patent.
Rights of patentees of lapsed patents which have been
restored.
Same right as given to original patentee.

CHAPTER XII
SURRENDER AND REVOCATION OF PATENTS
Surrender of patents
 A patentee may, at any time by giving notice in the
prescribed manner to the Controller, offer to surrender his
patent.
Revocation of patents in public interest
Where the Central Government is of opinion that a patent
or the mode in which it is exercised is mischievous to the
State or generally prejudicial to the public, it may, after
giving the patentee an opportunity to be heard, make a
declaration to that effect in the Official Gazette and
thereupon the patent shall be deemed to be revoked.

CHAPTER XIII
REGISTER OF PATENTS
Register of patents and particulars to be entered
therein
the names and addresses of grantees of patents;
notifications of assignments and of transmissions of
patents, of licences under patents, and of amendments,
and revocations of patents;
 Assignments, etc., not to be valid unless in writing and
registered
Person or persons registered as grantee or proprietor of
patent
Register shall be the prim face evidence of any matter
required or authorized by or under this act.
Contd...

Register to be open for inspection
the register shall at all convenient times be open to
inspection by the public; and certified copies, sealed with
the seal of the patent office, of any entry in the register
shall be given to any person requiring them on payment of
the prescribed fee.

CHAPTER XIV
PATENT OFFICE AND ITS ESTABLISHMENT
Patent office and its branches : kolkata(H.O)
Branches: Delhi, Mumbai,Chennai.
Restriction on employees of patent office as to right or
interest in patents
All officers and employees of the patent office shall be
incapable, during the period for which they hold their
appointments, to acquire or take, directly or indirectly any
right or interest in any patent issued by that office.

CHAPTER XV
POWERS OF CONTROLLER GENERALLY
Controller have certain powers of a civil court
 Examining patentee.
 Awarding cost
 Issuing commission for examination of witness of document
 Requiring the discovery and production of any document
 To correct clerical error in a patent or application of patent or
other specification
 Give final decision if there is any opposition on a specification
filed, then heard both of one and decide the case.
 Give extension of time in different provisions.

WORKING OF PATENTS, COMPULSORY LICENCES,
LICENCES OF RIGHT AND REVOCATION
Definitions of "patented articles" and "patentee”.
 "patented article" and "patented process" mean
respectively an article or process in respect of which a
patent is in force
General principles applicable to working of patented
inventions
To encourage inventions.
Have commercial utility in India.
CHAPTER XVI
Contd…

Compulsory licences
At any time after the expiration of three years from the
date of the sealing of a patent, any person interested may
make an application to the Controller alleging at the
reasonable requirements of the public with respect to the
patented invention have not been satisfied or that the
patented invention is not available to the public at a
reasonable price and praying for the grant of a compulsory
licence to work the patented invention.
Contd…

General purposes for granting compulsory licences
the patented inventions are worked on a commercial
scale in India without undue delay and to the fullest
extent that is reasonably practicable.
the interests of any persons for the time being working or
developing an invention in India under the protection of a
patent are not unfairly prejudiced.
Terms and conditions of compulsory licences
the royalty and other remuneration, if any, reserved to
the patentee or other person beneficially entitled to the
patent.
the patented invention is worked to the fullest extent by
the person to whom the licence is granted and with
reasonable profit to him.
 the patented articles are made available to the public at
reasonable prices.
Contd…

Matters to be taken into account in granting
compulsory licences
the nature of the invention, the time which has elapsed
since the sealing of the patent and the measures already
taken by the patentee or any licensee to make full use of
the invention.
the ability of the applicant to work the invention to the
public advantage.
Contd...

Endorsement of patent with the words "Licences of
right“
At any time after the expiration of three years from the
date of the sealing of a patent, the Central Government
may make an application to the Controller for an order
that the patent may be endorsed with the words "licences
of right" on the ground that the reasonable requirements
of the public with respect to the patented invention
have not been satisfied or that the patented invention
is not available to the public at a reasonable price.
Contd…

USE OF INVENTIONS FOR PURPOSES OF
GOVERNMENT AND ACQUISITION OF
INVENTIONS BY CENTRAL GOVERNMENT
Meaning of use of invention for purposes of
Government
an invention is said to be used for the purposes of
government if it is made, used, exercised or vended for the
purposes of the Central Government, a State Government
or a government undertaking.
CHAPTER XVII
Contd…

Power of Central Government to use
inventions for
purposes of Government
Where an invention has, before the priority date of the
relevant claim of the complete specification, otherwise
than in consequence of the communication of the
invention directly or indirectly, by the patentee or by a
person from whom he derives title, any use of the
invention by the Central Government or any person
authorised in writing by it for the purposes of government
may be made free of any royalty or other remuneration to
the patentee.
Contd…

Acquisition of inventions and patents by the
Central Government
The Central Government may, if satisfied that it is
necessary that an invention which is the subject of an
application for a patent or a patent should be acquired
from the applicant or the patentee for a public purpose,
publish a notification to that effect in the Official Gazette,
and thereupon the invention or patent and all rights in
respect of the invention or patent shall, by force of this
section, stand transferred to and be vested in the Central
Government.

SUITS CONCERNING INFRINGEMENT OF PATENTS
Power of court to make declaration as to non-infringement
 any person may institute a suit for a declaration that the use by
him of any process, or the making, use or sale of any article by him
does not, or would not, constitute an infringement of a claim of a
patent against the patentee or the holder of an exclusive licence
under the patent.
Power of court to grant relief in cases of groundless threats of
infringement proceedings
 Where any person threatens any other person by circulars or
advertisements or by communications, oral or in writing addressed
to that or any other person, with proceedings for infringement of a
patent, any person aggrieved thereby may bring a suit against him
CHAPTER XVIII

APPEALS
Every appeal under this section shall be in writing and
shall be made within three months from the date of the
decision.

Procedure for hearing of appeals
 Every such appeal shall be heard by a single judge of the
High Court.
Every such appeal shall be heard as expeditiously as
possible and endeavour shall be made to decide the appeal
within a period of twelve months from the date on which it
is filed.
CHAPTER XIX

Chapter XX- OFFENCES AND PENALTIES
OFFENCES PENALTIES
Contravention of secrecy provisions
relating to certain inventions
imprisonment for a term which may
extend to two years, or with fine, or with
both.
Falsification of entries in register, etc. ----- do -----
Unauthorised claim of patent rights punishable with fine which may extend to
five hundred rupees.
Wrongful use of words, "patent office" imprisonment for a term which may
extend to six months, or with fine, or
with both.
Refusal or failure to supply information ----- do -----
Practice by non-registered patent agents fine which may extend to Rs.500 in the
case of a first offence and Rs.2000 in the
case of
subsequent offence.
Offences by companies If the person committing an offence
under this Act is a company offence shall

CHAPTER XXI: PATENT AGENTS
Register of patent agents
The Controller shall maintain a register .
 Contains names and addresses of all persons .
Qualifications for registration as patent agents
Citizen of India;
He has completed the age of 21 years;
 Has a degree from any Indian university or equivalent.
 Is an advocate within the meaning of the advocates act,
1961.
 Has passed the qualifying examination prescribed for the
purpose;.
Contd..

Restrictions on practice as patent agents
If he is not registered.
No company or other body corporate shall practise,
describe itself or hold itself out as patent agents or permit
itself to be so described or held out
Contd..

Removal from register of patent agents and restoration
 by error
on account of misrepresentation or suppression of material
fact
 that he has been convicted of any offence and sentenced to a
term of imprisonment or has been guilty of misconduct .
The Central Govt. may, on application and on sufficient cause
being shown, restore to the register the name of any person
removed there from.

Power of Controller to refuse to deal with
certain agents
any individual whose name has been removed from, and not
restored to, the register.
 any person who has been convicted of an offence .
 any person, not being registered as a patent agent, who in the
opinion of the Controller is engaged wholly or mainly in acting
as agent in applying for patents in India .

CHAPTER XXII
Budapest Treaty 2001
World Intellectual Property
Organization (WIPO)
Paris Convention 1998
World Trade
Organization (WTO) 1995
Patent Cooperation Treaty
(PCT) 1998
INTERNATIONAL
ARRANGEMENTS

CHAPTER XXIII
MISCELLANEOUS
Avoidance of certain restrictive conditions
Fees
Restrictions upon publication of specifications
Reports of Examiners to be confidential
Publication of patented inventions
Power of Controller to call for information from
patentees
Evidence of entries, documents, etc.
Service of notices, etc., by post
Security for costs
Contd..

 Transmission of copies of specifications, etc., and
inspection thereof.
 Information relating to patents
 Loss or destruction of patents
 Reports of Controller to be placed before parliament
 Power of High Courts to make rules
Power of Central Government to make rules

An overview of amendments
(2005)
Product Patent
New use of existing pharma product
Patentability of software
EMRs eliminated
Oppositions
Compulsory licensing
Infringements
Mail-box application
Contd..

Pharmaceutical substances
Fast track granting introduced
Indian filing compulsory
Time period of request for examination reduced
Time period for examination and grant reduced
Revision of fees

Indian Patent act 1970

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Indian Patent act 1970