The test to be applied for the purpose of ascertaining whether a man skilled in the art can readily correct the mistakes or readily supply the omissions, has been stated to be this: Can he rectify the mistakes and supply the omissions without the exercise of any inventive faculty? After the First Examination Report is issued, the Applicant is given an opportunity to meet the objections raised in the report. Procedure for Grant of a Patent in India After filing the application for the grant of patent, a request for examination is required to be made for examination of the application by the Indian Patent Office. Therefore, an applicant who files a provisional application must file a corresponding non-provisional application for patent during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application. The claim should relate to single invention. Thus a patentee acquires an exclusive right over it subject to Patent Act and thus has right to prevent infringement of it during the said period. This excludes matter contained in other patent applications having an earlier priority date. The mere arrangement or rearrangement of devices each functioning independently of one another in a known way will not be an invention.
Patent Office Head Office , Kolkata - Rest of India The application should be accompanied by a provisional or complete specification. First, it must be novel, meaning that the invention did not previously exist. An invention relating to a product or a process that is new, involving inventive step and capable of industrial application can be patented in India. India being a member of , it had to comply with the requirements under the. But for the existence of patent system which enables the inventors to disclose their inventions without fear of the benefits of their labour being lost to competitors, much of the technological innovations would have remained secret.
From the date of acceptance to the date of sealing of the patent the applicant will get the benefits of the grant except that he will not be entitled to institute infringement proceedings until the patents is sealed. The debates are unlikely to subside with the adoption of the Bill. This is why patents are not freely available for all industrial improvements but only what is judged to qualify as a patentable invention. Books, movies, and works of art cannot be patented, but protection is available for such items under the law of copyright. Under the Indian patent law a patent can be obtained only for an invention which is new and useful.
If any party had the knowledge of the invention or is used or sold by any party, within or outside India, then patent for that invention or product will not be granted. Novelty and anticipation are determined by reference to the language of the claim of the patent application. With the introduction of the Patents Act in 1970, pharmaceutical companies were allowed to patent their process of manufacturing drugs. If he cannot, the patent will be void for insufficiency. How did you like this article on Patent laws in India. Indian Patent Rules were amended in 2003,2005,2006,2012,2013,2014,2016 and 2018. Where an application for grant of patent in respect of an invention in a Convention Country has been filed, then similar application can also be filed in India for grant of patent by such applicant or the legal representative or assignee of such person within twelve months from the date on which the basic application was made in the Convention Country i.
It should disclose the best method of performing the invention known to the applicant and end with a claim or claims defining the scope of the invention for which protection is claimed. Priority Claims: India is one of the countries party to the Paris Convention so the right of priority are applicable. A provisional specification should describe the invention only briefly and need not contain the claims. If that person is an employee who did the work as part of a job, however, the employer has a right to use the invention as well. Applicant may be amended in order to meet the objections. The aim of this article is analyse some of the salient features of the Indian Patent law, i.
No Patent shall be granted in respect of an invention relating to Atomic energy. However, only a small percentage of the granted patents lasts the full term as most of them are either unworkable or have no commercial value or superseded by subsequent inventions. If they decide that they also need protection in other countries, they then have 12 months to file applications for the same invention elsewhere and claim the benefit of the filing date of the first application priority claim. The 2006 amendment of rules introduced reduced time lines and a fee structure based on specification size and number of claims, in addition to a basic fee. Further information on such fields can be obtained from a patent attorney. These procurements were incorporated into the Patents Act through 1999, 2001 and 2002 revisions. The applications in the mail box were considered in 2005.
The Applicant needs to satisfy the requirements prescribed in the First Examination report within the 12 months of its issuance. No invention with respect to atomic energy is patentable. Areas like pharmaceuticals, agro-chemical products should be taken into consideration while changing Indian law as regards to patent. The Control of Anti-Competitive Practices in Contractual Licences falls in the 8th category; hence it is excluded from the protective umbrella of intellectual properties. In this blog post, Pramit Bhattacharya, a student of Damodaram Sanjivayya National Law University writes about intellectual property rights in the pharmaceutical industry.
The goal of the patent system is to encourage inventors to advance the state of technology by awarding them special rights to benefit from their inventions. In the United States, patent law dates to 1641, when the first patents for inventions were issued by the Massachusetts Bay Colony for the manufacture of salt. The specification should be accompanied by drawings where appropriate and necessary. However, utility models are not protected in India. Next, the invention should be non-obvious implies that any person skilled in that field should not have anticipated the invention. Patent Law in India - Patent registration procedure - Patent lawyers in IndiaA Patent is a statutory right granted to the inventor for a definite period of time by Government of India, in exchange of full disclosure of his invention. Indian Patent amendment rules 2012 was for amendments in criteria for patent agent exam qualification.
The objections generally relate to the drafting of the specifications and claims, anticipation of any of the claims in prior publication of any specification or claims, or documents. As for example, Inventions which are frivolous or claim anything contrary to well established natural laws are not patentable. How to Obtain a Patent in India The Indian law of patents is enriched in the Patents Act, 1970. Increasing penetration of insurance on all fronts, especially after allowing entry of private players. A disclosure which is capable of being carried out in a manner which does not fall within the claim, does not anticipate, although it may be a basis for an obviousness attack. The Patent office and its Branches are having territorial jurisdiction on a zonal basis as given in the introduction chapter. Section 2 1 j of the Patent Act states that invention means a new product which is capable of industrial application.
The patent system denies the issue of a patent to inventions that were disclosed prior to the time an application was filed at the Patent Office on the ground of lack of novelty or anticipation. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act. The Act was effective from 1st January 2005. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. The first compulsory license in India was granted in the case of Bayer v Natco in 2012.