Taj Trademark Services :: Patent

The word 'PATENT' denotes a monopoly right in respect of a new and useful invention. A patent may be in respect of a substance or in respect of a process.

The Patents (Amendment) Act, 2002 was enforced on May 20, 2003 and now governs the Patent Law in India. The old Patents Act, 1970 was amended in 1999 and further in 2002 with a view to enable the applicants for patents for inventions relating to medicine or drug to claim patents for the article or substance itself, intended for use, or capable of being used, as medicine or drug.
 

Salient Features Of Indian Patent Law ...........

Inventions not Patentable

• Frivolous inventions
• Inventions which are contrary to Law or Mortality or injurious to public health
• Mere discovery of a scientific principle or formulation of an abstract theory
• Mere discovery of any property or new use for a known substance or process or machine or
• Mere admixtures
• Mere arrangement or re-arrangement of known devices
• Method of testing
• Method of agriculture or horticulture
• Process for medicinal or surgical treatment of human beings or animals or similar treatment to plants
• Inventions relating to atomic energy
• A mathematical or business method or a computer program per se or algorithms [Introduced in 2003 by new Act]
• A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever [Introduced in 2003 by new Act]
• A mere scheme or rule or method of performing mental act or method of playing game [Introduced in 2003 by new Act]
• A presentation of information [Introduced in 2003 by new Act]
• Topography of integrated circuits [Introduced in 2003 by new Act]
• An invention which in effect is traditional knowledge [Introduced in 2003 by new Act]

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REQUEST FOR EXAMINATION [Introduced in 2003 by new Act]
An application for Patent shall now be examined only upon filing of Request for Examination, which has to be filed within forty-eight months from the application filing date. Where an application was filed prior to May 20, 2003, a request for examination is required to be made within a period of twelve months from May 20, 2003 or forty-eight months from the filing date, whichever is later. If the request for examination is not filed within the said period, the application shall be treated as withdrawn.

PUBLICATION [Introduced in 2003 by new Act]
An application for patent shall now be published on the expiry of eighteen months from the priority date.

PROCESS PATENTS
In respect of food, medicine or drug and substances prepared or produced by chemical processes, only process patents are granted. These products as such are not patentable and only their methods or processes of manufacture are patentable.

PRODUCT PATENTS
Product patents are granted for all other inventions, not covered by the provisions of Sec.3, 4 or 5 of the Act.

RIGHTS OF PATENT
- The exclusive right to make, use, exercise, sell or distribute the invention in India.
- Where the patent is for a method or process of manufacturing an article or substance, the   exclusive right to use or exercise the method or process in India.

TERM OF PAYMENT
In respect of all inventions 20 years from the date of patent. [Introduced in 2003 by new Act]

PATENT OF ADDITION
An invention, being an improvement in or modification of another invention, may be protected by applying for grant of patent for the improvement or modification as a patent of addition.
- Term of Patent of Addition
- Equal to that of the patent for the main invention, or so much thereof as has not expired. Shall not remain in force longer than the patent for the main invention.

REVOCATION
Proceedings for revocation of a patent may be instituted at a High Court on specified grounds.

COMPULSORY LICENCES
Compulsory Licences to work a patented invention may be granted to any interested person
(a) after expiration of 3 years from the date of the sealing of the patent, and
(b) on the ground that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price.

LICENCES OF RIGHT
- Patents in respect of inventions relating to food, medicine or drug, and substances prepared by chemical processes, are deemed to be endorsed with words "Licences of right", after expiration of 3 years from the date of sealing of patent.

- Any person interested in working a patented invention endorsed with words "Licences of Right" may require the patentee to grant him a licence on such terms as may be mutually agreed upon or as decided by the controller general if a disputes arises.

EXCLUSIVE MARKETING RIGHTS (E.M.R.)
E.M.R. in India, in respect of substances intended or capable of being used as a medicine or drug or agricultural chemicals, are obtainable under the Provisions of the Patents (Amendment) Act, 1999.

INFRIGEMENT
Unauthorized making, using, selling or distributing of a Patented Product or Process amounts to Infringement. Action for Infringement may be instituted in a District Court or High Court having jurisdiction. Criminal action does not lie.

INTERNATIONAL ARRANGEMENTS
- India is a member of the W.T.O.
- The Indian Patents Act, 1970 has been amended by the Patents (Amendment) Act, 1999 dated 26-March-1999 which is deemed to have come into force w.e.f. 1st January, 1995 to meet certain requirements of GATT
- The Indian Patent Law is likely to be further amended shortly to comply with further requirements of GATT
- India is a member of Paris Convention since 07-Dec-1998
- India has acceded to the Patents Co-operation Treaty (PCT) since 07-Dec-1998
 

Filing Requirements..........

• Full name, address and nationality of the Applicants (s)
• Full name, address and nationality of the Inventor (s)
• Title of the Invention
• Patent Specification (provisional or complete including drawings and abstract)
• Power of attorney
• Declaration as to inventorship
• Following information regarding the application filed in other countries, if any (as far as available):
  1. Name of the Country
  2. Date of Application
  3. Application No.
  4. Status of the application
  5. Date of publication
  6. Date of grant

PATENT SEARCH AND DRAFTING

Please send us a write up of the invention explaining:

1. Existing prior art and its disadvantages.
2. Advantages of the present invention.
3. Description of invention
4. Mode of performing the invention
5. Drawings, if any
6. Other information to explain the invention

Procedure..........

Our Services..........

• Consultation
• Filing and prosecution of Applications
• Examination procedures of the application
• Suitable reply to official action
• Oppositions
• Licensing and license negotiations
• User Agreements
• Renewal
• Revocation Petition
• Infringement Suits.

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