The Indian Patent Act ,1970

INTELLECTUAL PROPERTY
It is the product or creation of the mind.
It is different from other properties in term that
it is intangible.

Hence, 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.

TYPES OF INTELLECTUAL PROPERTY

Industrial Property:
Apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour

Patents Trademarks: is a sign, or a combination of signs, which

distinguishes the goods or services of one enterprise from those of another.

 Industrial design:

The right granted in many countries, pursuant to a registration system, to protect the original, ornamental and nonfunctional features of a product that result from design activity.

Trade Secrets: A trade secret is information of any sort that is

valuable to its owner, not generally known, and that has been kept secret by the owner.

Copyrights:

Relates to artistic creations, such as poems, novels, music, paintings, and cinematographic works

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 Year 1856 1872 1911 1970 Act Act VI of 1856 The Patterns and Designs Protection Act under Act XIII of 1872 The Indian Patents and Designs Act,1911 Patents Act 1970

1999
2002 2005

Patents (Amendment) Act, 1999

Patents (Amendment) Act, 2002 Patents (Amendment) Act, 2005

After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective.

It was found desirable to enact comprehensive patent law

owing to substantial changes in political and economic conditions in the country.

Committee constituted under the Chairmanship of Justice

(Dr.) Bakshi Tek Chand, a retired Judge of Lahore High Court, in 1949 -submitted its report in August , 1949

In 1957, the Government of India appointed Justice N.

Rajagopala Ayyangar Committee to examine the question of revision of the Patent Law and advise government accordingly

Based on it the Patents Act, 1970 was passed.

The Patents Act, 1970

Repealed and replaced the 1911 Act so far as the

patents law was concerned. However, the 1911 Act continued to be applicable to designs

What is a Patent?
A patent is a government granted monopoly. Exclusive right to make, use or sell an
invention ,for a limited period of time.

The right to exclude others from making,

using or selling an invention.

Why one should go for 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?

To be patentable, an invention must pass 4 tests:

The invention must fall into one of the 5

statutory classes
Processes Machines Manufactures Compositions of matter, and New uses of any of the above

The invention must be useful The invention must be novel

From where to get Patent?

Indian Patent Office
(The patent Office under the Ministry of Commerce & Industry. It has been established to administer the various provisions of the Patents Law relating to the grant of patents.)

Locations:
East Kolkata West Mumbai North Delhi South Chennai ( Includes Bangalore)

Who can apply for a Patent?

Application for a patent can be made by any person whether
a citizen of India or not, claiming to be the true or first inventor of the invention or by his assignee or legal representative.

By the legal representative of any deceased person who

immediately before his death was entitled to make such an application.

Application may be made alone or jointly with any other

person.

A company or firm cannot be named as the true inventor.

What are different types of Patents

3 types of patent are granted under the provisions of the act:

1. An ordinary Patent 2. A Patent of Addition:After the patent for an invention has been
filed or granted, sometimes inventor feels that he has another invention to be patented, which is modification of the first invention In such a case inventor can file patent of addition for the second invention instead of filling separate application. Such application based on the second invention is called as Patent of Addition.

3. A Patent of Convention

A second type of classification is:

1. Product patent:
It is granted when a new product has been invented by the person. The product so invented may either be more or less useful product than an already known product , or a new product altogether.

2. Process patent:
It is granted for a new process of manufacturing an already known product or for manufacturing a new product, or for manufacturing more articles of the same product that is reducing the cost of the already known product.

What is the term of patent?

In respect of a invention claiming -Process of
manufacture of a substance intended to be used as food or medicine ---

5Yrs. from the date of sealing or 7 Yrs. from the date of patent whichever is
shorter.

In case of any other invention ---14 Yrs. from the

date of patent

How does a patent get expire?

1. The patent has lived its full term. 2. The patentee has failed to pay the renewal fee. 3. The validity of the patent has been successfully
challenged by a opponent by filing an opposition either with the patent office or with the courts. As soon as the patent expires, it passes to the general public domain and then anybody can use it without the permission of the original inventor

1970 Act
No product patent for chemicals, food and
medicine

No patents for agriculture and horticulture

products

Compulsory licences Pre-grant opposition procedure Patents to be worked in India.

Developments after 1970

Liberalisation of economy 1991 Joining the World Trade Organisation
India became world supplier of generics

TRIPS Agreement
Agreement on Trade Related Aspects of
Intellectual Property Rights 1994

Both process and product patent for all

inventions including micro-organisms

No discrimination as to place of invention, the

field of technology and whether products are imported or locally produced

Term of patent protection 20 years Transitory provisions for developing countries.

Three Amendments
First Amendment in 1999 Introduced transitional facility to receive
and hold patent applications of pharmaceutical and agricultural chemical products till 1 January 2005 and for grant of Exclusive Marketing Rights for 5 years or till grant of patent.

Second Amendment

Bill introduced on 20 December 1999 Referred to a JPC on 22 December 1999 JPC held 39 meetings Report submitted on 19 December 2001 Bill passed in 2002 Major changes 20 year patent period Establishment of an Appellate Board Public interest safeguards and measures for protecting
Traditional Knowledge.

Third Amendment
2005 Based on
Observations of JPC Widespread consultations through country wide
interactive sessions with interest groups

Extensive inter ministerial consultations

Removed transitory provisions Introduced various flexibilities provided in the

TRIPS Agreement including the Doha Round.

COMPARISON
The Indian Patent Act, 1970 The Patent(Amendment)Act,2005

Process Patent 5Yrs.for Food, Drugs,

Medicines, etc. & 14 Yrs. for other inventions

Product Patent 20Yrs. for all inventions To recognize all patents

filed after 1/1/05

Indian market became

undesirable to the MNCs

MNCs to enjoy same IPR

in India as they enjoyed elsewhere

Focus on Generics and

neglect of new drug discovery.

Shifting of focus from

Generics to Innovative Drug Discovery

Development of expertise
in Reverse Engineering

Patent Law - Salient Features

Both product and process patent provided. Term of patent 20 years. Examination on request. Both pre-grant and post-grant opposition. Fast track mechanism for disposal of appeals. Provision for protection of bio-diversity and traditional knowledge. Publication of applications after 18 months with facility for early publication. Substantially reduced time-lines.

Safeguards in the Patent Law

Compulsory licences to ensure availability of drugs at
reasonable prices

Bolar Provision for early manufacture of generics Parallel, import to check prices. Provision to deal with public health emergency. Revocation of patent in public interest and also on security considerations. or trivial inventions.

Provisions to prevent grant of patents based on frivolous

Provisions to prevent misappropriation of Genetic
Resources and Traditional Knowledge.

Pharmaceutical Policy2002
Ensuring abundant availability of medicines at reasonable price
and quality for mass consumption.

Strengthening the domestic capability for cost effective, quality

production and exports of pharmaceuticals by reducing barriers to trade in the pharmaceutical sector.

Strengthening the system of quality control over drug and

pharmaceutical production and distribution.

 Encouraging R&D in the pharmaceutical

industry in a manner compatible with the countrys needs and with particular focus on diseases endemic or relevant to India by creating an conducive environment.

Creating an incentive framework for the

pharmaceutical and drug industry which promotes new investment into pharmaceutical industry and encourages the introduction of new technologies and new drugs.

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