NISHANT SINGH

128938

INTELLECTUAL PROPERTY RIGHTS (PATENTS)

 legal concept which refers to creations of the mind for which exclusive rights are recognized.

owners are granted certain exclusive rights to a variety of intangible assets

Ex. musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs

Intellectual property

Patents

Geographical

indications

Copyrights

Industrial designs

Trade Marks

 Types of intellectual property rights

Granted as an

exclusive right by the gov.

Right to

prevent

third party

Free to

public after expiry

Patents

The first legislation in india relating to patents was the Act of VI of 1856.

Objective: “ to encourage inventions of

new and useful manufactures and to induce inventors to disclose secret of their

inventions ”

History

Basic philosophy of the act

“ patents are granted to encourage inventions and to ensure that these inventions are worked

on commercial scale without undue delay ”

Patents act 1970

Has been defined under the patents Act 1970

invention is defined as “ technology which has not been anticipated by

publication in any document or used in the country or elsewhere in the world before the date of filling of patent application with complete

application ”

invention

TRIPS agreement provides for a minimum term of protection of 20 years counted from the date of filling.

A comprehensive review of the Patents Act, 1970 was also madeand bill to amend the Patents Act, 1970 was introduced in Parliament on 20th December, 1999 and notified on 25-6-2002 to make the Patents law TRIPS compatible

TRIPS Agreement

inventiveness

Novelty

Usefulness

Condition for an Invention to be Patentable

ArtProcessMethod or manner of manufactureMachineApparatusSubstances produced by

manufacture

Patentable Inventions under the Patents Act 1970

Discovery of scientific principle or formulation of an abstract theory.

Method of agriculture or horticulture.Any process for medical, surgical, curative

or other treatment of human beings.Inventions relating to atomic energy

Inventions which are not Patentable in India

Five years from the date of sealing of the Patent or seven years from the date of Patent, whichever period is shorter.

Twenty years from the date of Patent in respect of any other patentable invention.

Term of a Patent