30406154 Indian Patent Law 1

8/8/2019 30406154 Indian Patent Law 1

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VIKASH KUMAR JHA

Indian Patent Law

INDIAN PATENT ACT



Introduction

Indian Patent Law

Patent

A Patent is a grant from the government

which confers on the grantee for a limited

time period , the exclusive right of making,

selling and using the invention in respect of

which patent has been granted and also of authorizing others to do so.



Utility Patent:

Utility patents, the most common type, are

granted to new machines, chemicals, and

processes.

Design Patent:

Design patents are granted to protect the

unique appearance or design of manufacturedobjects, such as the surface ornamentation or

overall design of the object.

Kinds of Patents

Indian Patent Law



Plant Patent:

Plant patents are granted for the invention of

new and distinct plant varieties, includinghybrids.

Indian Patent Law

Kinds of Patents(contd.)



Procedure for grant of Patent

Indian Patent Law

1. Filing an application for a patent .

2. Examination of application.

3. Acceptance of the application andadvertisement of such acceptance in the

Official Gazette.

4. Opposition to grant of patent.

5. Grant and sealing of patents.



When a government allows someone else to produce the

patented product or process without the consent of thepatent owner?

Extreme and/or urgent situations:

± Section 84 - To prevent the abuse of patent as a monopoly and tomake way for commercial exploitation of invention by an interestedperson.

± Sections 92 (1) and 92 (3) - Circumstances of national emergency orextreme urgency.

±

Section 92 A - For exports of pharmaceutical products to foreigncountries with public health problems.

The patent owner still has rights over the patent, including aright to be paid for the authorized copies of the products.

Compulsory Licensing

Indian Patent Law



Indian Patent Law

Copyright vs. Patent

Duration

A copyright generally lasts for the life of the author, plus 50 years. A

patent generally lasts for 17-20 years from the date granted.

InfringementFor a copyright to be infringed, the work itself must have actually been

copied from, distributed, performed, or displayed. If a person other

than the copyright owner independently comes up with the same or a

similar work, there is no infringement. In contrast, a patent confers a

statutory monopoly that prevents anyone other than the patent

holder from making, using, or selling the patented invention. This is

true even if that person independently invents the patented

invention.



Practical Aspect

Cost

A copyright is essentially free. A patent is much more costly; there

are fees to the Patent and Trademark Office, and the patent

application process is much more complex, usually requiring the

services of a registered patent agent (and perhaps a lawyer) to

draft and prosecute the application, adding to the cost.

Basic Idea

A copyright as protecting the author's rights that are inherent in

the work; in contrast, a patent is a reward of a statutory monopoly

to an inventor in exchange for providing the details of the

invention to the public.

Indian Patent Law

Copyright vs. Patent



Case Study Bajaj vs TVS

Indian Patent Law

Vs



July 5,2005: Bajaj was granted patent(DTS-i)

2007:TVS announced launch of FLAME

Sep 3,2007:TVS stated Bajaj had issued threats Oct,2007:TVS filed a case

Feb 16,2008: Bajaj sought and was grantedInterlocutory Injunction restraining TVS

May 18,2009:TVS lodged appeal

Sept 16,2009:Verdict

How it happened

Indian Patent Law



The court was prima facie satisfied that the

invention had found a special place in the

Indian market and had established a

significant market share.

The petition for revocation of a patent granted

to Bajaj had been filed a mere six days prior to

the launch of Flame

Why bajaj succeeded?

Indian Patent Law



Civil disputes should be heard on a day to day

basis without any adjournments, except in

circumstances beyond the control of the

parties

The final judgment should be given normally

within four months from the date of the filing

of the suit.

Why landmark case??

Indian Patent Law



India US basmati rice dispute

Indian Patent Law

Aromatic rice grown

only in Punjab,

Haryana, and UttarPradesh is called

Basmati

1997 RiceTec

granted patent by US

patent office




Indian Patent Law

Impact :

Reduced exports to US

Theft of collective

intellectual and

biodiversity heritage on

Indian farmers




Indian Patent Law

Response by Indian Govt and the results:

Approached the US patent office and urged them to re-

examine the patent

Information already available in published or written

form anywhere in the world as 'common knowledge

Happy ending



Does Indian Patent Law give worldwide protection?

Is it possible to file international patent applications in India?

What can be patented?

Who can apply for a patent? What are the criteria of patentability?

Should application of patent be filed before or afterpublication of the details of the invention?

How is a Patent Specification prepared?

What is a provisional specification?

What are the various stages involved in the grant of a patent?

What is the term of patent?

Frequently Asked Questions

Indian Patent Law



Mercantile LawBy: K.C Garg

Business Environment

By:Francis Cherunilam

Referenceswww.ignou.inwww.findlaw.com

www.wikipedia.com

Bibliography

Indian Patent Law



THANK YOU

Indian Patent Law

30406154 Indian Patent Law 1

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