patents act

8/9/2019 Patents Act

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PATENTS ACT, 1970

It extends to the whole of India

Objective: To protect the inventionsMeaning of Patents rights: exclusive rights over the

Design

Manufacture or Modification of any product/procedure/goods

Sell or distribute

By its inventor



APPLICATIONS FOR

PATENTSWho can make an application?

First inventor of the invention

Assignee of such inventor

Legal representative of the

inventor/assignee



Form of application

Shall be for one invention only

Shall be made in the prescribed form

Shall be filed in the patent office

Proof of right to make application incase of assignee/legal representative

Detailed specification of the invention



Contents of specifications

Description of the invention and

shall begin with a title

DrawingsModel/sample of illustrating the invention

Methods of operation and use

Best method of performing the inventionScope of the invention for which protection is

claimed

Declaration as to the inventorship of the invention



Examination of application

Controller to refer to examiner for a detailed

report

Based on the report applicant may be asked to

give clarifications if any

All details should be supplied within 15 months

Controller¶s power to refuse registration or seek

modification of the application Acceptance to be published in the gazette calling

for objections from public

Right to appeal in High court.



Opposition to grant of patent

To be filed within 4 months from the date of publication

grounds for opposition

The applicant has wrongfully obtained the invention from

the opponent or his assignsThe alleged invention is publicly known or publicly used

in India

The claim is not an invention within the meaning of this

ActThe specification does not clearly describe the invention

False and misleading information in the application



GRANT AND SEALING OF

PATENTSWhere, a complete specification has been

accepted

No one has opposed

Opposed but decided in favour of the

applicant

Application has not been refused by

controller

Patent shall be sealed and granted.



Form, extent and duration of

patentsShall be in prescribed form

Shall have effect throughout India

A patent can be granted to one invention only

Patent related to food or medicine valid for 5 years

In other cases it is valid for fourteen years.

May be renewed thereafter by paying renewalfees.



Surrender of patents

Patentee may do so by giving notice to the

controller

Controller will advertise inviting objections from

interested parties.

If no objection received or objections are

overruledThen it may be allowed to be surrendered.



Revocation of patents

May be revoked by High Court.

On the petition by interested parties

On the petition by the central government

On counterclaim for infringement by others



PATENT OFFICE AND ITS

ESTABLISHMENT

Controller General of Patents, Designs

and Trade Marks

examiners and other officers

Disputes to be decided by High court.

patents act

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