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INTRODUCTION
1. 2. 3. In general, PROPERTY of any kind or description is of the following 3 types, namely :Movable Property, - consisting of movables; Immovable Property, - consisting of immovables; and Intellectual Property, - consisting of creation of human mind and the human intellect. Further, the INTELLECTUAL PROPERTY RIGHTS ( IPRs ) are broadly CLASSIFIED as under : Industrial Property - consisting of Patents, Trade Marks, Industrial Designs, and Geographical Indication; and Copyrights - consisting of writings, musical words, drawings, audiovisual works, paintings, photographic work, architectural work, sound records, performance of musicians, actors and singer and computer software etc. Industrial Property - is a kind of intellectual property and relates to the creation of human mind., ( eg. Inventions and Industrial Designs ). While Inventions are new solutions to technological problems, Industrial Designs are aesthetic creations determining the appearance of industrial products. Further, Industrial Property includes trade marks, service marks, commercial names and designations.

POSITION - UNDER WTO AGREEMENT :India has signed the WTO agreement in 1994. The Agreement contains clauses relating to TRIPs ( Trade Related Intellectual Property Rights ). Under this, India has to apply provisions relating to terms of patent protection by Jan. 01, 2000. Product Patent which are presently NOT applicable - will have to be introduced BEFORE Jan. 01, 2005. PARIS CONVENTION :International patenting relationships are based on - the Paris Convention, 1883, for the protection of Industrial Property . The Convention - covers all forms of Intellectual Property such as Patents, Copyrights, Trademarks and Designs. Paris Convention - is a multilateral treaty. It covers PCT ( Patent Co-operation Treaty), and administered by WIPO ( World Intellectual Property Organisation ). India has become a Member of this Convention in 1998. Under this Convention, any Patent granted by ANY particular Country - will be restricted to the territorial limits of THAT Country. Thus, the Applicant has to make individual applications - for the different Convention Countries - to get the Patent applicable in THAT Country. ***

. CONCEPT OF PATENT
Generally speaking, PATENT is a monopoly grant from the Government - which confers on the Grantee for limited period of time - the exclusive right of making, selling and using the invention - for which a patent is granted and also of authorising others to do so. The word monopoly , is derived from Greek words mono which means alone and polein, which means sale. ADVANTAGES OF PATENT :A Person may spend heavily on his research and development, BEFORE he invents something new and useful. This is his Intellectual Property. To safeguard it, there are two ( 2 ) options. They are :1. Keep the details of the invention secret - so that no one can use it, and

2. Disclose all the details, - but get fair payment for the intellectual property. In India , we adopted the first method in ancient times, as there was NO concept of patent for intellectual property. The result was that the people did NOT disclose their knowledge. The result was further - that the advances made by the ancient Indians - in Science and Medicine could NOT be sustained, as the concerned knowledge was NOT communicated. Thus, our Ayurveda could NOT make progress. On the other hand, Allopathy could make tremendous progress - as the knowledge pertaining to the same was communicated. Therefore, the SYSTEM of PATENTING - has the following ADVANTAGES , namely1. it encourages inventions, 2. reduces the risk of industrial espionage, and 3. helps in spread of knowledge. The (British) Patent And Designs Act, 1907, became the basis of the Indian Patents and Designs Act, 1911. The Provisions relating to Patent in that Act - have been repealed by the Patent Act, 1970, a consolidating law enacted AFTER independence. DIFFERENCE between PATENT & TRADE SECRET Patents are NOT Trade Secrets. Coca Cola formula - is a trade secret, which is NOT published. However, Patent has to be brought to the knowledge of the public and has to be published. In return, the Inventor gets EXCLUSIVE RIGHTS - for specific period for commercial exploitation of his own idea, with reward for creative efforts. ***

. PATENT LAW AND ENFORCEMENT

1. 2. 3. 4. 5. The OBJECT of Patent law is to encourage - Science Research, new Technology and Industrial Progress. The fundamental principle of Patent Act, 1970 - is that a Patent is granted - ONLY for an Invention which is NEW and USEFUL. It shall pass the following TESTS , namelyIt should be new. ( Test of Novelty ) It should be useful ( Test of Utility ) It should be an invention ( Test of Non- Obvious ) It should be a manner of manufacture ( Test of Industrial Application ) It should be marketable ( Test of Vendibility ) Scheme of the Act : The Act consists of 24 Chapters - containing 163 Sections and one Schedule. ***

. DEFINITIONS - SEC. 2
D/1 Sec. 2(ab) - ASSIGNEE :- includes an Assignee of the Assignee and the Legal Representative of a deceased assignee and references to the assignee of any person INCLUDE references to the assignee of the legal representative or assignee of that person; *** Sec. 2(ac) - CAPABLE of INDUSTRIAL APPLICATION :- in relation to an Invention, means that the invention is capable of being made or used in an Industry ; ***

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Sec. 2(c) - CONVENTION APPLICATION means an application made for a Patent by virtue of Sec 135. *** Sec. 2(d) - CONVENTION COUNTRY :- means a Country or a Country - which is member of a Group of Countries or a Union of Countries or an Inter-Governmental organisation - notified as such under Sub-Section (1) of Section 133 ; *** Sec. 2 (f) - EXCLUSIVE LICENCE :- means a licence from a Patentee - which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons ( including the Patentee ) any Right - in respect of the patented invention and the exclusive licensee shall be construed accordingly. *** Sec. 2(g) - FOOD :- means any article of nourishment for human consumption and also includes any substance intended for the use of infants, invalids or convalescents - as an article of food or drink ; *** Sec. 2(j) - INVENTION :- means a NEW product or process involving an inventive step and capable of industrial application ; *** Sec. 2(ja) - INVENTIVE STEP :- means a feature that makes the invention NOT obvious to a person skilled in the art ; *** Sec. 2(l) - MEDICINE or DRUG :- includes (i) all medicines - for internal and external use of human beings or animals, (ii) all substances - intended to be used for or in the diagnosis, treatment, mitigation, or prevention of diseases in human beings or animals, (iii) all substances - intended to be used for or in the maintenance of public health or the prevention or control of any epidemic diseases among human beings or animals, (iv) insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants, (v) all chemical substances - which are used as intermediates - in the preparation or manufacture of any of the medicines or substances referred to. ***

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. NOT - INVENTIONS ETC. - SEC. 3, 4, 5 & 6

E/1 1. 2. WHAT are NOT INVENTIONS - Sec. 3 :The following 15 are NOT Inventions within the meaning of the Act, namelyan invention - which is frivolous or which claims anything obviously contrary to well established natural laws, 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 ; the mere discovery - of a scientific principle or the formulation of an abstract theory ( or discovery of any living thing or non-living substance occurring in nature ).

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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, 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, the mere arrangement or re-arrangement or duplication of known DEVICES - each functioning independently or one another in a known way, a method of AGRICULTURE or HORTICULTURE, any Process - for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants - to render them free of disease or to increase their economic value or that of their product. plants and animals - in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes - for production or propagation of plants and animals ; a mathematical or business method or a computer program or algorithms ; a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions ; a mere scheme or rule or method of performing - mental act or method of playing game a presentation of information ; topography of integrated circuits ; an invention which, in effect, - is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components. What are the inventions and what are not inventions within the meaning of Section 3 of the Patents Act, 1970? ( June 1996 - 8 Marks ) What is an invention under the Patents Act, 1970 ? Give four instances of invention which are not recognised as inventions under the said Act ? ( June - 2001 - 8 Marks ). Greebelt Ltd. is engaged in agricultural services and has recently diversified into the field of horticulture, including a new process for the medicinal treatment of plants to render them free of disease. They have also diversified into production of tractors and are claiming invention of new tractor which will revolutionise agricultural operations. You have recently joined them as a company secretary. The managing director desires you to make a comprehensive presentation for obtaining patents for their inventions. Discus and present an approach paper. ( Dec. 2001 - 8 Marks ) *** INVENTIONS - relating to ATOMIC ENERGY - NOT Patentable - Sec. 4 :In terms of Section 4 of the Act, NO patent - shall be granted in respect of an Invention - relating to Atomic Energy - falling within Section 20(1) of the Atomic Energy Act, 1962. *** INVENTIONS - Where ONLY METHODS or PROCESSES of MANUFACTURE PATENTABLE - Sec. 5 :In respect of the following Inventions, NO Patent shall be granted - in respect of the claims for the substances themselves, BUT claims for the METHOD or PROCESS of Manufacture shall be patented :1. Substances - intended for use or capable of being used, - as food or as medicine or as drug. 2. Substances - prepared or produced - by chemical processes. ( including alloys, optical glass, semi conductor and inter metallic compounds ). Application for Patent for Medicine or Drugs ( but NOT chemicals ) can be filed w. e. f. 01-01-1995. However, the Patent will be granted ONLY on or after 01-01-2005. This is

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termed as MAIL BOX facility. Till the Patent is granted, the Applic ant would be granted EXCLUSIVE MARKETING RIGHTS ( EMRs ) in that Product, - as per the provisions of Sections 24A and 24B. ( Refer Page No. 5 - Coverage F ). *** E/4 WHO can APPLY for PATENT - Sec. 6 :Section 6 provides - that an application for Patent for an Invention may be made by the following 3 Persons:a. any Person - claiming to be the TRUE and FIRST Inventor of the Invention, b. any Person being the ASSIGNEE of the Person - claiming to be the true and first Inventor - in respect of the right to make such application, and c. the LEGAL REPRESENTATIVE of any deceased person - who immediately BEFORE his death was entitled to make such an Application. Note :- An application ( as above ) - may be made by ANY of the persons referred to EITHER alone or jointly with any other person. *** ***

OPPOSITION, SURRENDER, REVOCATION

G/1 OPPOSITION - to GRANT of PATENT - Sec. 25 At any time WITHIN 4 months - from the date of advertisement of the acceptance of the COMPLETE specification, ANY Person interested may give NOTICE, to the CONTROLLER - of Opposition to the grant of Patent. However, the Controller may, on an application, EXTEND the time limit by one more month. a. b. c. d. e. f. g. h. i. j. k. The GROUNDS of OPPOSITION are as under :Applicant - WRONGFULLY obtained the invention, Invention - was published BEFORE the priority date ( 01-01-1912 ) in India or elsewhere, Invention - is ALREADY claimed in an application having earlier PRIORITY claim, Invention - was PUBLICLY known or PUBLICLY used - BEFORE the priority date of claim, Invention - claimed is OBVIOUS and does NOT involve any inventive step, Subject of claim - is NOT an invention or is NOT patentable, Complete specification - does NOT sufficiently and clearly describe the invention or method - by which it is to be performed, Applicant - has FAILED to disclose material information required under the Act, In case of Convention Application, - the Application was NOT made within 12 months from the date of first application in Convention Country. that the complete specification does NOT disclose or wrongly mentions - the source or geographical origin of biological material used for the invention ; that the Invention so far as claimed in any claim of the complete specification is ANTICIPATED - having regard to the knowledge, oral or otherwise, available WITHIN any local or indigenous community in India or elsewhere, Note : The Grant of Patent CANNOT be opposed on any OTHER ground. On what grounds can the grant of a patent be opposed under the Patents Act, 1970 ? ( June 1995 - 7 Marks ; Rep : Dec 1996 ; Dec. 2000 ) ***

 SURRENDER of PATENTS - Sec. 63 In terms of Section 63 of the Act, a Patentee - may surrender a Patent - at any time by giving NOTICE in the prescribed manner to the Controller, who will in turn advertise the same - inviting objections from the interested persons. Then, AFTER the Controller may, if satisfied AFTER hearing the Patentee and the interested person - that a Patent may properly be surrendered, accept the offer and by order, REVOKE the Patent. REVOCATION of PATENTS - Sec. 64 A Patent may be REVOKED by the High Court, on ANY of the following 17 Grounds, on the PETITION of ANY interested person, Central Govt or in a suit for infringement :1. 2. 3. The Invention was earlier claimed - by a VALID CLAIM of earlier priority date, - in another patent in India, Invention is NOT new having regard to the public knowledge or what was published in India or elsewhere BEFORE the priority date of the claim, Invention does NOT involve - any inventive step, having regard to what is publicly known or used in India BEFORE the priority date of the CLAIM or what was published in India or elsewhere in any of the documents, The Invention - was NOT useful, Invention was SECRETLY used in India - BEFORE the priority date, Applicant was NOT entitled - to make application for the patent, Patent was WRONGFULLY OBTAINED - in contravention of rights of others, The claim - is NOT an Invention as per the Act, Specifications are NOT complete and a person with reasonable intelligence CANNOT work - the invention or that it does NOT disclose the best method of performing it, Scope of any claim in any complete specification - is NOT clearly and sufficiently defined, Patent was obtained - on a FALSE suggestion or representation, Subject - is NOT patentable under the Act, Information required in respect of FOREIGN Application - is NOT disclosed or disclosed with material which is false, Applicant has CONTRAVENED - any direction of SECRECY, Leave to AMEND the complete specification - was obtained by FRAUD. That the complete specification does NOT disclose or WRONGLY mentions - the source or geographical origin of biological material used for the invention ; That the Invention - so far as claimed in any claim of the complete specification was ANTICIPATED - having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere. Discuss the legal provisions relating to restoration of lapsed patents & surrender of patents ? ( Dec. 1994 7 Marks ; Rep : Dec. 1999 )

4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.


. GRANT, SEAL, CONDITIONS ETC. OF A PATENT
H/1 GRANT & SEAL of PATENT - Sec. 43 :According to Section 43 of the Act, the Controller is empowered - to GRANT and SEAL the Patent, where the COMPLETE SPECIFICATION in pursuance of an application for a patent has been accepted & that EITHERa. b. c. d. The Application has NOT been opposed and the timing for filing the opposition has EXPIRED; ( or ) The Application has been OPPOSED and decided finally in FAVOUR of the applicant; ( or ) The Application has NOT been refused by the Controller ; ( or ) The Application has NOT been found - to be in contravention - of ANY of the Provisions of the Act. The REQUEST - for sealing the patent shall be made NOT later than the expiration of 6 months from the date of advertisement of the acceptance of complete specification. However, where at the expiration of the said 6 months - any proceeding in relation to the application for Patent is pending BEFORE either the Controller (or) Appellate Board, the request for sealing of patent shall be made within 2 months - from the FINAL determination of such proceeding. Further, where the Applicant or one of the Applicant dies BEFORE the expiration of the said 6 months, the REQUEST may be made at any time within 12 months - from the date of the death or such later time - as the Controller may allow. *** CONDITIONS of PATENT - Sec. 47 :All Patents - are subject to the following 4 CONDITIONS, namely 1. 2. 3. 4. The Govt can IMPORT - any Machine, Apparatus or Other Article or any article made by using any Process, - for which the Patent is granted, - for its OWN use, ANY PROCESS - in respect of which the Patent is granted may be used by (or) on behalf of the Government - for the purpose - merely of its OWN use, Any Machine, Process, Apparatus etc., can be made or used by ANY Person - for merely EXPERIMENT or RESEARCH, The Govt. can IMPORT Medicine or Drug - for its OWN use or for distribution in any dispensary, hospital etc. as specified by the Central Govt. - with regard to public service carried out by such dispensary, hospital etc. Enumerage the terms and conditions under which patent would be granted by the Controller. ( June 1997 - 7 Marks ; Rep : June 1999 ) *** RIGHTS of PATENTEES - Sec. 48 Subject to the other provisions contained in this Act and the Conditions specified in Section 47, a Patent granted under this Act shall confer upon the Patentee :where the subject matter of the Patent - is a PRODUCT, - the exclusive right to prevent third parties, WHO DO NOT have his consent, - from the act of making using, offering for sale, selling or importing - for those purposes that product in India ; where the subject matter of the Patent is a PROCESS, - the exclusive right to prevent third parties, WHO DO NOT have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing - for those purposes - the product obtained directly by that process in India ;

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Provided that the Product obtained is NOT a product - in respect of which NO patent shall be granted under this Act. ? What are the rights of patentees ? State the Conditions subject to which a patent is granted under the Patents Act, 1970 ? ( June 2000 - 7 Marks ) *** RIGHTS of CO-OWNERS - of PATENTS - Sec. 50 Section 50 of the Patents Act, 1970 provides that where a Patent is granted to TWO or MORE persons, EACH of those Persons shall, UNLESS an agreement to the contrary is in force, be entitled to an EQUAL UNDIVIDED SHARE - in the Patent. This Section further entitles EACH Co-owner, by himself or his agents, - to make, use, exercise and sell and patented invention - for his OWN benefit WITHOUT accounting to the other Person or Persons. However, a LICENCE - under the Patent may NOT be granted and SHARE in the Patent may NOT be assigned - by one of such persons EXCEPT with the consent of the other person or persons. According to Sub-section (4) where a Patented Article - is SOLD by one of two or more persons registered as GRANTEE (or) PROPRIETOR of a Patent - the purchaser and any person claiming through him - shall be entitled to deal with the article - in the SAME manner - as if the article had been sold by a SOLE Patentee. *** H/5 1. TERM of PATENT - Sec. 53 Subject to the provisions of this Act, the term of EVERY Patent granted, AFTER the commencement of the Patents (Amendment ) Act, 2002, and the term of EVERY Patent which has NOT expired and has NOT ceased to have effect, on the date of such commencement, under this Act, - shall be TWENTY YEARS - from the date of filling of the application for the patent. A Patent shall CEASE to have effect - notwithstanding anything therein or in this Act on the expiration of the period - prescribed for the payment of any renewal fee, if that fee is NOT paid within the prescribed period or within that period as extended under this Section. The period prescribed for the payment of any renewal fee shall be EXTENDED to such period, NOT being more than six months longer than the prescribed period, as may be specified - in a REQUEST made to the Controller - if the request is made and the renewal fee and the prescribed additional fee paid BEFORE the expiration of the period so specified. NOTWITHSTANDING anything contained in any other law for the time being in force, on CESSATION of the Patent Right - due to NON-PAYMENT of renewal fee or on expiry of the term of patent, - the subject matter covered by the said patent - shall NOT be entitled to any protection. What is the term of a patent granted under the patents Act, 1970 ? ( June 1994 - 5 Marks ) *** APPLICATION - for the RESTORATION of LAPSED PATENTS - Sec. 60 A patent lapses - for the non-payment of renewal fees. It can be RESTORED by making an application within 1 year from the date of lapse. Application for the restoration of the lapsed patent shall be made in the prescribed form alongwith prescribed fees. A STATEMENT - showing the circumstances leading to failure to pay the prescribed fee in time should also be submitted. If the Controller General is satisfied - that the failure

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was NOT intentional, he will advertise the application in the Official Gazette. AFTER hearing the Applicant and the Opponent, IF ANY, - the Controller may ALLOW the restoration or REFUSE the restoration, as the case may be. ? What is the law and procedure for the restoration of lapsed patents ? ( June 96 - 8 M ; Rep : Dec.98 ; Dec.2001) *** ASSIGNMENT of a PATENT - Sec. 68 Patentee can assign, licence, mortgage or create interest in his rights in favour of ANY other person. However, to make such assignment etc, VALID, - the agreement must be in writing. The DOCUMENT - containing all terms and conditions governing Rights and Obligations - must be filed alongwith application - in prescribed form within 6 months from the date of execution of the document (or) within such FURTHER period - NOT exceeding 6 months - in the aggregate as the CONTROLLER allows. The document, when registered, is effective - from the date of execution of the document. H/9 1. 2. *** POWERS of CONTROLLER of PATENTS The Controller of Patents has following these POWERS, namelyGrant or refuse to grant a patent, Powers of Civil Court, such as :- ( Section 77 ) Summoning a person and examine him on oath, Requiring production of documents, Issue commissions for examination of witnesses, record or evidence, Accept evidence on affidavits, Award costs, Review his own decision, Set aside an ex-parte order. Correct - any clerical error in Patent (or) any specification or document - filed on receiving application and on following prescribed procedure, ( Section 78 ) ; Grant of Compulsory Licence ( Section 84 ) or Adjourn Applications - for compulsory licences ( Section 86 ). *** SECRECY of CERTAIN INVENTIONS Chapter VII of the Act, containing Sections 35-42 provides for Secrecy of CERTAIN Inventions . According to Section 35, the Controller can give directions prohibiting or restricting the publication of information with respect to the invention, if the Controller is of the opinion - that the invention is relevant for the DEFENCE purposes and notice is given accordingly to the Central Govt. of the application and the directions so issued to the applicant. Where the Central Govt. - informs that the invention is NOT prejudicial to the Defence of India, the Controller may REVOKE such directions and notify the applicant accordingly. Further, where NO such directions have been issued by the Controller - in respect of an invention which, in the opinion of the Central Govt, is relevant for the DEFENCE purposes, - it may NOTIFY to the Controller BEFORE the complete specification is accepted, and thereupon the Controller shall give the directions to the applicant and inform the Central Govt. accordingly.

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that the Patent Right - is NOT abused by the Patentee or Person deriving title or interest on patent from the Patentee, and the Patentee or a Person deriving title or interest on patent from the Patentee does NOT resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology ; and that Patents are granted - to make the BENEFIT of the patented invention available - at reasonably affordable prices to the public.

Secrecy Directions - to be Periodically REVIEWED :Sec. 36(1) the question - whether, an Invention in respect of which directions have been given under Section 35 continues to be relevant - for Defence Purposes shall be reconsidered by the Central Government - at intervals of twelve months or on a request made by the Applicant - which is found to be reasonable by the Controller and if, on such RECONSIDERATION - it appears to the Central Government - that the publication of the Invention would NO longer be prejudicial to the Defence of India (or) in case of an application filed by a Foreign Applicant - it is found that the Invention is published OUTSIDE India - it shall forthwith give NOTICE to the Controller - to REVOKE the direction and the Controller shall thereupon REVOKE the directions previously given by him. Note : The result of every RE-CONSIDERATION - under sub-section (1), shall be communicated to the applicant within such time and in such manner as may be prescribed. *** PROHIBITION - to Apply, under Certain Circumstances - for Patents relevant for DEFENCE Purposes etc. - Sec. 39 :NO person shall, EXCEPT under the Authority of a written permit granted by or on behalf the Controller, make or cause to be made any application OUTSIDE India - for the grant of a Patent for an Invention - relevant for DEFENCE purposes or related to ATOMIC Energy UNLESS : a. an Application for a Patent for the SAME Invention has been made in India, NOT less than six weeks BEFORE the application OUTSIDE India ; and b. EITHER - NO direction has been given under sub-section (1) of Section 35 - in relation to the application IN India, or all such directions have been REVOKED. 2. 3. The Controller shall NOT grant written permission to any Person - to make any application OUTSIDE India - WITHOUT the prior consent of the Central Government. This Section shall NOT apply - in relation to an Invention - for which an application for protection has first been filed in a Country OUTSIDE India - by a person Resident OUTSIDE India. *** ulates the manufacture, construction, use or sale of ANY Product ; importation of Patented Products by ANY Person - from a Person who is duly authorised by the Patentee to sell or distribute the product, shall NOT be considered - as an infringement of Patent Rights. *** diligence - to prevent the commission of such offences. ***

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PATENT AGENT, CONVENTION COUNTRY ETC.

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PATENT AGENT Sections 125-132 deal with Patent Agents . The work relating to drafting of specifications, making of application for a patent, subsequent correspondence with the patent office on the objections raised, representing the applicant at the hearings, filing opposition and defending application against opposition - is entrusted to a QUALIFIED AGENT. *** REGISTER of Patent Agents - Sec. 125 The Controller shall maintain a REGISTER to be called the Register of Patent Agents - in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of ALL Persons - qualified to have their - names so entered under Section 126. Notwithstanding anything contained in sub-section(1), it shall be lawful for the Controller - to keep the Register of Patent Agents - in computer floppies, diskettes or any other electronic form - subject to such safeguards as may be prescribed. *** QUALIFICATIONS - for Registration as PATENT AGENTS - Sec. 126 A Person - shall be QUALIFIED to have his name entered in the Register of Patent Agents - if he fulfils the following 4 conditions, namely :(a) (b) he is a Citizen of India ; he has completed the age of 21 years ;

(c) he has obtained a Degree in Science, Engineering or Technology from any University ( established under law for the time being in force ) in the Territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and in addition, (i) (ii) is an Advocate - within the meaning of the Advocates Act, 1961 ( 25 of 1961 ) ; or has passed - the qualifying Examination prescribed for the purpose ; or

(iii) has, for a total period of NOT less than ten years, functioned - either as an Examiner or discharged the functions of the Controller under Section 73 or both, but ceased to hold any such capacity - at the time of making the application for registration ; (d) 2. he has paid - such fee as may be prescribed.

Notwithstanding anything contained in sub-section (1), a Person - who has been registered as a Patent Agent BEFORE the commencement of the Patents ( Amendment ) Act, 2002, shall be entitled to continue to be, or when required to be re-registered, as a Patent Agent, - on payment of the fee as may be prescribed. *** RIGHTS of PATENT AGENTS - Sec. 127 Subject to the provisions contained in this Act and in any rules made thereunder, every Patent Agent whose name is entered in the Register shall be entitled -

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to practise - before the Controller ; and to prepare - all documents, transact all businesses and discharge such other functions as may be prescribed in connection with any other proceeding - before the Controller under this Act.

*** K/5 CONVENTION COUNTRY - Sec. 133 & 134 Where ANY Country allows to the INDIAN CITIZENS - the similar privileges as are allowed to its OWN citizens with respect to the grant of Patent or the protection of Patent Rights, - the Central Govt may by notification in the Official Gazette, declare such country as a Convention Country . - Sec. 133 In case, of a Country, which has been NOTIFIED by the Central Govt, does NOT accord equal treatment to the Citizens of India, NO Citizen of such Country - shall be entitled to apply for the grant of a patent or to be registered as an Assignee or apply for a Licence under this Act. - Sec. 134 *** K/6 CONVENTION APPLICATION - Sec. 135 According to Section 135 of the Act, where ANY Person makes any application for Patent - in ANY Convention Country and further makes an application in India - for a Patent within 12 months - from the date of the basic application, the PRIORITY DATE of the complete specification - would be the date of making the basic application, as the claim is made - on the basis of the matter disclosed in the basic application. In case, the Application is made - in two or more Countries - then, the period of 12 months shall be reckoned from the date of the earliest application. Further, where two or more Applications have been made in one or more Convention Countries - in respect of one or more Inventions, which are cognate or of which one is a modification of another, A SINGLE application - may be made in respect of those Inventions in India at any time within 12 months - from the date of the EARLIEST of those applications. Every Convention Application - shall be accompanied by a complete specification and specify the date on which and the Convention Country - in which the application was made and state that NO application for Protection - in respect of the Invention has been made. A Convention Application shall NOT be post dated - to a date later than the date on which the application could have been made under the Provisions of the Act. ***

. PROCEDURE - IN GETTING A PATENT GRANTED

The following STEPS are involved - in getting a Patent GRANTED :1. Filing of an Application for a Patent - accompanied by either PROVISIONAL specification or COMPLETE specification . PROVISIONAL Specification shall contain the following details :a. Title of the Invention ; b. Name, address and nationality of the Applicant ; c. Description of the Nature of Invention. ; d. Date and Signature COMPLETE Specification shall contain the following details :a. Title of Invention ; b. Name, address and nationality of the Applicant c. Prescribed preamble to the description of the Invention d. Description of the Invention and the manner in which it is to be performed e. Statement of Claims and date and signature of the Applicant

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Filing of COMPLETE Specification, - if Provisional specification is filed alongwith the application. Acceptance of the Application and ADVERTISEMENT - of such acceptance in the Official Gazette. OVERCOMING the opposition, if any, - for the grant of Patent. SEALING of the Patent. ***

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