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    The Indian Patent Act, 1970

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    The Indian Patent Act of 1970 governs patents in India. It was enacted to replace the Indian Patents and Designs Act of 1911 and establish a comprehensive patent law due to changes in India's economic and political conditions. The 1970 Act did not allow product patents for food, chemicals, and medicines. Amendments in 1999, 2002, and 2005 were made to comply with the TRIPS agreement, providing product patents for all technologies and establishing patent terms of 20 years. The amended law balances patent protections with public interest considerations like compulsory licensing.

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    The Indian Patent Act, 1970

    Uploaded by

    guddan1591
    1K views29 pages
    The Indian Patent Act of 1970 governs patents in India. It was enacted to replace the Indian Patents and Designs Act of 1911 and establish a comprehensive patent law due to changes in India's economic and political conditions. The 1970 Act did not allow product patents for food, chemicals, and medicines. Amendments in 1999, 2002, and 2005 were made to comply with the TRIPS agreement, providing product patents for all technologies and establishing patent terms of 20 years. The amended law balances patent protections with public interest considerations like compulsory licensing.

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    The Indian Patent Act ,1970

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    The Indian Patent Act of 1970 governs patents in India. It was enacted to replace the Indian Patents and Designs Act of 1911 and establish a comprehensive patent law due to changes in India's economic and political conditions. The 1970 Act did not allow product patents for food, chemicals, and medicines. Amendments in 1999, 2002, and 2005 were made to comply with the TRIPS agreement, providing product patents for all technologies and establishing patent terms of 20 years. The amended law balances patent protections with public interest considerations like compulsory licensing.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    1K views29 pages

    The Indian Patent Act, 1970

    Uploaded by

    guddan1591
    The Indian Patent Act of 1970 governs patents in India. It was enacted to replace the Indian Patents and Designs Act of 1911 and establish a comprehensive patent law due to changes in India's economic and political conditions. The 1970 Act did not allow product patents for food, chemicals, and medicines. Amendments in 1999, 2002, and 2005 were made to comply with the TRIPS agreement, providing product patents for all technologies and establishing patent terms of 20 years. The amended law balances patent protections with public interest considerations like compulsory licensing.

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    of 29

    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.

    THANK YOU

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