Transcript INTELLECTUAL PROPERTY The property developed by brain

WELCOME
TO
ALL DELEGATES
By
Dr. S. N. Maity
Controller General of Patents, Designs and Trade Marks
Office of The Controller General of Patents, Designs and Trade
Marks
Govt. of India
Organizational Chart
CONTROLLER GENERAL
OF PATENTS,DESIGNS AND TRADE MARKS
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
PATENT OFFICE
GRANT OF PATENTS
UNDER THE PATENTS
ACT, 1970 AND
REGISTRATIONOF
DESIGNS UNDER THE
DESIGNS ACT,1911
CALCUTTA
PATENT INFORMATION
SYSTEM
TRADE MARKS REGISTRY
DOCUMENTATION
INCLUDING RERIEVAL AND
TDISSEMINATION OF
INFORMATION CONTAINED
IN PATENT DOCUMENTS
REGISTRATION OF
TRADE MARKS UNDER
THE TRADE AND
MERCHANDISE MARKS
ACT, 1958
CALCUTTA
MADRAS
MADRAS
NAGPUR
MUMBAI NEW DELHI
AHMEDABAD
NEW DELHI
MUMBAI
What rights a Patent confers on the
patentee
If the patent is for a product :- the right to prevent others from
- making
- using
- offering for sale
- selling
- importing the patented product
What rights a Patent confers on the
patentee
If the patent is for a process :-
- the right to prevent others from the act of
- using the process
- using the product directly obtained by the process
- offering for sale the product directly obtained by
the process
- selling the product directly obtained by the process
- importing the product directly obtained by the process
What is Invention Under Section 2(1)(j)
“Invention” means a new product or process involving an
inventive step and capable of industrial application;
“inventive step” means a feature that makes the invention not
obvious to a person skilled in the art;
“capable of industrial application”, in relation to an invention,
means that the invention is capable of being made or used
in an industry.
Non Patentable Inventions
[Under Section 3]
a)
An invention which is frivolous or which claims anything
obvious contrary to well established natural laws;
b)
an invention the primary or intended use or commercial
exploitation of which could be contrary to public order or
morality or which causes serious prejudice to human, animal
or plant life or health or to the environment;
c)
the mere discovery of a scientific principle or
the
formulation of an abstract theory or discovery of any living
things or non-living substance occurring in nature;
Non Patentable Inventions
[Under Section 3]
d)
the mere discovery of any new property or new use for a
known substance or of the mere use of a known process,
machine or apparatus unless such known process results in
a new product or employs at least one new reactant;
e)
a substance obtained by a mere admixture resulting only in
the aggregation of the properties of the components thereof
or a process for producing such substance;
f)
the mere arrangement or re-arrangement or duplication of
known devices each functioning independently of one
another in a known way;
Non Patentable Invention
[Under Section 3]
g)
----- Section 3(g) of the Patents Act,1970 has been omitted;
h)
a method of agriculture or horticulture;
i)
any process for the medicinal, surgical, curative, prophylactic,
diagnostic, therapeutic or other treatment of human being or
any process for a similar treatment of animals to render them
free of disease or to increase their economic value or that of
their products;
Non Patentable Inventions
[Under Section 3]
m) a mere scheme or rule or method of performing mental act
or method of playing game;
n)
a presentation of information;
o)
topography of integrated circuits;
p)
an invention which, in effect, is traditional knowledge or
which is an aggregation or duplication of known properties
of traditionally known component or components’.
Atomic Energy Related Inventions Not
Patentable (Under Section 4)
No patent shall be granted in respect of an invention relating
to Atomic energy falling within sub section (1) of section
20 of the Atomic Energy Act, 1962.
e.g. Inventions relating to compounds of Uranium, Beryllium,
Thorium, Plutonium, Radium, Graphite, Lithium and more as
notified by Central Government from time to time.
Product per se Claims - Not Patentable
[Under Section 5(1)]
(a) claiming substances intended for use or capable of being
used as food or as medicine or drug or
(b) relating to substances prepared or produced by chemical
processes (including alloys, optical glass, semiconductors
and intermetallic compounds),
Only process of manufacture of above substances is patentable
‘Explanation – For the purpose of this section “chemical
processes” include biochemical, biotechnological and
microbiological processes’.
Product per se Claim Under Section 5(2)
Notwithstanding anything contained in Sub Section (I), a
claim for patent of an invention for a substance itself
intended for use, or capable of being used, as medicine
or drug, except the medicine or drug, specified under
sub-clause (v) of clause (l) of sub section (I) of section
2, may be made and shall be dealt, without prejudice to
the other provision of this Act, in the manner provided
in Chapter IVA. (i.e. grant of Exclusive Marketing
Right).
Patent Grant Procedure
Filing of patent application
Publication after 18 months
Request for examination
Examination: Acceptance or Refusal
Notification of acceptance in the Gazette of India
Opposition to grant of patent
GRANT OF A PATENT