Patent Act 1970

Priyanka jagtap

Intellectual property is the product or the creation of the mind. It is different from other properties in term that is “Intangible”. Hence it needs some different way for its protection.

Intellectual property

IPR is the body of law developed to protect the creative people who have disclosed their invention for the benefit of the mankind. This protects their invention from being coped or imitated without their consent.

Intellectual property rights

A . Industrial Property : Patents Trademarks Industrial design Trade secrets B. Copyright

Types of Intellectual Property

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 The Patent Law of 1856 The Patent and Designs Act 1911 The Patents Act ,1970 and Rules 1972 The Patent Amendment Act 2005

The Indian Patent Act 1970

A patent is a grant from the government which confers on the guarantee for the limited period of time the exclusive privilege of making , selling and using the invention for which a patent has been granted.

What is 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.

Why one should go for getting a Patent?

In order to be patentable, an invention must passes four tests;

1. The invention must fall into one of the five “statutory classes”:

Processes Machines Manufacturers Composition of matter, and New uses of any of the above.2. The invention must be “useful”3. The invention must be “novel”4. The invention must be “nonobvious”

What can be Patented? Sec. 2(1)(j)

Filing of application patent

Examination and novelty search

Refusal OrAcceptance

Opposition / Hearing ( if any)

Grant of a patent

Patent Grant Procedure

Indian Patent OfficeThe Patent Office, under the Ministry of Commerce

and Industry, It has been established to administer the various provisions of the Patents law relating to the grant of Patents.

Official website: http://patentoffice.nic.inLocations : East- Kolkata West- Mumbai North- Delhi South- Chennai( Madras)- includes Bangalore

From Where to get a patent?

Three types of patent are granted under the provisions of the act namely:

1. An Ordinary Patent2. A Patent of Addition3. A Patent of ConventionA second type of classification of Patent is:1. Product Patent 2. Process Patent

What are different types of Patent

Application for 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.

Application may be made alone or jointly with any other person.

Who can apply for Patent?

In respect of a invention claiming the process of manufacture of a substance intended to be used as food or medicine--- 5 years from the date of sealing or 7 years from the date of patent whichever is shorter.

In case of any other invention---14 years from the date of patent.

What is the term of Patent?

The Indian Patent Act ,1970 The Patent (Amendment )Act, 2005

Process Patent Product Patent

5. years for food, drugs , medicines etc, and 14 years for other inventions

20. years for all inventions

Indian market become undesirablefor 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

comparison

Owner of the Patent has the following

rights

To exploit the patent

To license

To assign

To surrender

To sue for infringement

Rights of a Patentee

Patent infringement is the commission of the prohibited act with respect to a patented invention without permission from the patent holder.

What is Patent Infringement?

Direct Infringement Indirect Infringement

It directly states that the third party has willfully or intentionally stole the technology from the inventor without his prior permission.

It refers to the unfair practice that does not give a clear indication that the patent is bought or sold in the market.

It occurs when someone directly makes, uses or sells the patented invention.

When a device is claimed and third party supplies a product which can only be reasonably used to make the claimed device.

Types of infringement

case1• Time 2011• Event :• Huawei files lawsuits

in Germany, France and Hungary against ZTE for infringing a series of Patents relating to its data card and LTE technologies

case2• Time 2010• Event:• Apple filed a lawsuit

against HTC for infirnging on 20 Apple patents related to the I phones user interface , underlying architecture and hardware.

case3• Time 2009• Event:• Nokia sued Apple for

violation 10 patents it holds on several wireless technologies

Cases of infringement of Patent

Co-opetition – When Apple and Microsoft struck a deal Sep 29, 2011By MJin ARTICLES Sleeping With the Enemy On Aug. 6, 1997, at the Macworld conference in Boston Steve

Jobs announced the unthinkable. He announced a strategic partnership with rival Microsoft. The surprised audience first clapped then booed when they realized what had just been announced. Earlier, Apple had sued Microsoft for patent infringement.

“Apple needs help from other partners … and relationships that are destructive are no help to anybody in this industry today…We have to let go of the notion that for Apple to win, Microsoft has to lose.”- Steve Jobs at the Macworld conference in Boston in 1997.

Case study

In 1997, Apple was struggling and Steve Jobs had just returned to save the company. Apple had lost more than a billion dollars with little sales growth. Microsoft on the other hand was the market leader and had loads of cash.

The Strategic Deal – From enemies to ending all legal hostilities Apple and Microsoft signed a broad five-year patent-licensing

agreement ending the legal hostilities. For five years, Microsoft would release an Apple (or Mac) version

of its leading Office product in addition to the Windows version. Bill Gates had remarked that around 8 million Microsoft users were on the Apple platform and the Mac Office 98 was more advanced than even the one on the Windows platform as it utilized the unique capabilities of the Mac.

Microsoft would invest $150 million in Apple shares (non-voting) and not sell it for three years.

Cont:

Internet Explorer would be the default browser on the Macintosh platform. When the audience reacted negatively, Steve also announced that they would ship other browsers as well and it was up to the user to set any browser as their default. He also acknowledged Internet explorer as a good browser at the time.

Apple and Microsoft would ensure that each of their versions of the Java programming language were compatible.

Who won in the end Some call the deal a masterstroke from Steve Jobs and credit

his leadership skills. Well, the numbers do not lie – 14 year after the deal in 2011, Apple is the most valuable company with market capitalization at approx. $375 billion and ahead of Microsoft’s market cap at approx. $210 billion.

Cont:

Thank you