Professional Documents
Culture Documents
PROTECTION IN
INDIA
What is Intellectual
Property?
Creation of Mind
1.
Industrial Property
2. Patents
3. Trade Marks
4. Industrial Designs
5. Geographical
Indications
Copy Rights
Including literary
and artistic works
like Plays, Novels,
Films, Musical
Works etc.
Patent
Is a grant of exclusive right
for an invention
by the government
A territorial right
Legislations in India
The Indian Patents Act, 1970
International Treaties
Conventions
--Paris Convention for Protection of
Industrial Property, w.e.f. 7.12.98
--Patent Co operation Treaty, w.e.f.
7.12.98
--Budapest Treaty w.e.f. 17.12.2001
Novelty
Inventiveness
Utility
Industrial Application
INVENTIVE STEP
Feature which make invention
non-obvious to a person skilled in
art, process,method or
manufacture.
machine, apparatus
substance produced by
manufacture
INVENTIONS NOT
PATENTABLE (Ss. 3&4)
Inventions which are
frivolous
INVENTIONS NOT
PATENTABLE (Ss. 3&4)
Inventions which are
INVENTIONS NOT
PATENTABLE (Ss. 3&4)
Inventions which are
INVENTIONS NOT
PATENTABLE (Ss. 3&4)
Inventions which are
Form of Application
Contents of specification
Provisional or complete
Publication of Application
Examination of
Application
Search
Patent office conducts search of
specification of prior application
whether same invention had
been granted patent earlier
Objection
Objection shall be heard and
disposed of by the controller
Acceptance of complete
specification
Controller shall advertise in the
official gazette that specification
has been accepted
Surrender of Patents
Revocation of Patents
Patent may be revoked
By High Court
-- on petition of any person interested
By Central Govt.
-- on a counterclaim in a suit for
infringement of patent
Grounds relating to
invention
1.
2.
3.
4.
5.
6.
TERM OF PATENT
20 years from the date of filing of
patent application
RIGHTS OF A PATENTEE
Owner of a patent has the following
rights
1. to exploit the patent
2. to license
3. to assign
4. to surrender
5. to sue for infringement
METHODS OF
ENFORCEMENT
Rights of patentee can be
enforced by
1. a suit for infringement of patent
2. actions of specific performance of a
contract ( license)
3. an action for recovery of royalties
DUTIES OF A PATENTEE