Indian Patent Act And Copyright Act
Patents A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. ... In the modern times, patent enunciates a contract between an inventor on the one hand and the Government on the other. Thus, a Patent is an exclusive privilege monopoly right granted by the Government to the inventor for his disclosed invention of an industrial product or process of manufacture which should be new, non-obvious, useful and patentable as per the patentability criteria laid down in the Patents Act. ... The Patent Act, 1970 came into force on 20. ... 1972 replacing Indian Patents and Designs Act, 1911. ... of India appointed the Patent Enquiry Committee under the Chairmanship of Dr. Bakshi Tek Chand, a retired Judge of Lahore High Court in 1949 with a view to ensure that the Patent system was more conducive to national interest. ... The Patent Bill, 1965 based mainly on his recommendations and incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965. ... The present Act contains XXIII chapters, which are relating to Patenting procedure, International arrangement and other misc. ... This Act is regulated by the Patents Rules, 1972 which inter alias include Five Schedules concerning with fees, forms etc. ... The Patents Act, 1970 in comparison with Indian Patents and Designs Act, 1911 has far more reaching effect in some areas such as food, Drug and Medicines where all the patents granted under this category and deemed to be endorsed with the words “License of Right”. ... The chapter XXII provides international arrangements with the countries outside India, which afford to the applicants for Patents in India or citizens of India, similar privileges as are granted to its own citizens in respect of grant of Patent and the protection of their patent rights. ... 1998 and by virtue of this, the Head Office of Patent Office & its Branch offices have become receiving offices for the purpose of international applications filed under PCT. ... The present Act under Chapter IVA provides specific provisions for the grant of EMR (Exclusive Marketing Rights) with a view to fulfill its international obligation under the provisions of article 70. ... NEED A PATENT SYSTEM? (i) Patent System encourages an inventor to disclose his invention instead of keeping it secret. (ii) It encourages R & D activities as the industries can make use of the technology disclosed in the Patent literature as a stepping-stone, avoiding thereby the redundant research - "you do not have to reinvent the wheel!" (iii) It provides reasonable assurance for commercialization by exploiting the invention on the basis of a Patent. ... (v) One may get a very good return of income through Patent Right on the investment made in R&D. ... The following subject matter is not patentable under the Patents Act, 1970: - 1) An invention which is frivolous or claims anything obviously contrary to well established natural laws; 2) An invention the primary or intended use of which would be contrary to law or morality or injurious to public health; 3) A mere discovery of a scientific principle or the formulation of an abstract theory; 4) A mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; 5) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance; 6) A mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way; 7) A method or process of testing, applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient, or for the improvement or restoration of the existing machine, apparatus or other equipment, or for the improvement or control of manufacture; 8) A method of agriculture or horticulture; 9) Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products. ... In the case of inventions relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) or claiming substances intended for use, or capable of being used, as drug, or as food, or as medicine, no patent will be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture only will be patentable.