Administration of IPR in India

Chronology of IPR protection in India

 The act vi of 1856 on protection of inventions based on the british
patent law of 1852. Certain exclusive privileges granted to inventors
of new manufacturers for a period of 14 years.
 1859-the act modified as act xv; patent monopolies called exclusive
privileges (making. Selling and using inventions in india and
authorizing others to do so for 14 years from date of filing
specification).
 1872-the patents & designs protection act.
 1883-the protection of inventions act.
 1888-consolidated as the inventions & designs act.
 1911the indian patents & designs act.
  
Chronology of IPR protection in India
 1972-THE PATENTS ACT (ACT 39 OF
1970) CAME INTO FORCE ON 20TH
APRIL 1972.
 1999-ON MARCH 26, 1999 PATENTS
(AMENDMENT) ACT, (1999) CAME INTO
FORCE FROM 01-01-1995.
 2002-THE PATENTS (AMENDMENT)
ACT 2002 CAME INTO FORCE FROM
2OTH MAY 2003
Chronology of IPR protection in India
Design Act (1911)
It has been now superseded by New Design
Act-2002

Trade and Merchandise (1958). However new

Trademarks act has come into force in 1999
 The semiconductor Integrated Circuit Layout
design Act 2000
Geographical Indication of goods (Registration
and Protection) Act 1999
What is patentable

 An invention would be patentable only if

It is:-
Novel
Innovative/ Inventive/non-obviousness
Industrial Application
An invention means any new and useful art,
process, method or manner of
manufacture; machine, apparatus or other
article; or substance produced by
manufacture, and includes any new and
useful improvement of any of them, and an
alleged invention.
 A patent can be granted for an invention which may be related
to any process or product. The word “Invention “ has been
defined under the Patents Act 1970 as amended from time to
time.
“An invention means a new product or process involving an
inventive step and capable of industrial application” (S. 2(1)(j))

(S.2 (1)(ac)) Therefore, the criteria for an invention to be

patentable are,
(1) An invention must be novel
(2) has an inventive step and
(3) is capable of industrial application
 “ new invention” is defined as any
invention or 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
filing of patent application with complete
specification, i.e. the subject matter has
not fallen in public domain or that it does
not form part of the state of the art; Where,
Capable of industrial application, in
relation to an invention, means that the
invention is capable of being made or
used in an industry
 Utility

A patent can be obtained only for an invention which is useful. A patentable invention should have utility, which implies the
inventor should show some sort of usefulness to the society. It will be patentable even if it is useful to a minor portion of
society or sometimes only to a single individual.

Novelty

The invention claimed must be novel indicating that it should be new at the time of conception. Novelty of invention must be
considered in the light of prior art. Prior art means the technology that that is relevant to the invention and was publicly
available at the time the invention was made. It includes prior specifications, patents, printed and published literature and
other materials related to the invention. An invention is not novel if it can be anticipated in the light of prior art.

Obviousness

An invention should also not be obvious to a person having ordinary skill in the art to which it relates. If the invention is
obvious and does not have any inventive step, it is not patentable. Existence of a prior publication of the invention in any
Indian specification or in any document in India or elsewhere or public use of the invention would make an invention obvious.
In order to be ineligible for a patent, an invention should be obvious at the time of conception of the invention and not at the
time of contention of obviousness.

Specification

Specification is an essential part of a patent. It should consist of the subject-matter, description and at times including the
drawing of the invention indicating its scope. The specification has to enable a person with ordinary skill in the art to practice
and use the invention. It should also describe the best mode of performing the invention
Patents in India
INVENTIONS NOT PATENTABLE
What are not inventions

The following are not inventions within the meaning of this Act, -
An invention which is frivolous or which claims anything obvious contrary to well
established natural laws;
An invention the primary or intended use of which would be contrary to law or
morality or injurious to public health;
THE mere discovery of a scientific principle or the formulation of an abstract
theory;
The mere discovery of any new property of 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 of one another in a known way;
When patent could be denied

 Against Universal law, scientific theories

 Against society
 Against nature
 Examples
 Human genes, atomic power
Patents in India

 Patents rights is enforceable from date of

application
 The term of the patents in india for 20 yrs
from date of filing
Categories of Patent Right

 Process
 Product
Documents and procedures in patent
filing
 Provisional specification
It is pre-patent informative document
 Complete specification
Title of invention
Field to which innovation belongs
Background of the invention
Complete description of the invention
Claims for rights
Documents and procedures in patent
filing
 Application in triplicate
 Drawing in triplicate
 Abstract of application in triplicate
 Declaration of inventor ship
Criteria for naming inventor

 All persons who contributes in

development of patentable features
 All persons who have made intellectual
contributions
Opposition to patent

 The application for patent is published

through an official gazette by Patent office
of India for inviting the opposition against
the claim , if any
 The opposition, if any should filed within
four months of publication of gazette
Cost of Filing

 Rs 1000 for an indivdual

 Rs 3000 for legal entities
 Rs 1500 for an indivdual as sealing money
 Rs 5000 for legal enities as sealing money
 APPENDICES
 Appendix-I
 Form IV - Application for Registration of Copyright
 To
 The Registrar of Copyrights
 Copyright Office
 New Delhi- 110 001.
 Sir,
 In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of
Copyright and request you that entries may be made in the Register of Copyrights in the enclosed Statement
of Particulars sent herewith in triplicate.
 I also send herewith completed the Statement of Further Particulars relating to the work.
 (For Literary, Dramatic, Musical and Artistic works only)
 2. In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of
this letter and of the enclosed Statement(s) to other parties concerned, as shown below:
 Name and addresses of the parties Date of dispatch
 See columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col. 2 (e) of the
Statement of Further Particulars.)
6. Language of the work
7. Name, address & Nationality of the Author and if the author is deceased, the date of decease
8. Whether the work is published or unpublished
9. Year and Country of first publication (Name, address and nationality of the publisher)
10. Years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers
11. Names, address and nationalities of the owners of various rights comprising the copyright in the workand the extent of rights held by each, together with the particulars of assignments and licence, if any
12. Names, addresses and nationalities of other persons if any, authorised to assign or licence the rights comprising the copyrights
13. If the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in            possession of the work, (in case of an architectural work, the year of completion
of the work should also be shown).
13A. If the work is an Artistic work which is used or is capable of being used in relation to any goods, the application should           include a certification from the Registrar of Trade Marks in terms of the
proviso to Sub-Section (i) of Section 45 of the           Copyright Act, 1957.
14. Remarks, if any
Signature of the Applicant
Place:
Date:

 
Statement of Further Particulars
(To be sent in triplicate)
(For Literary, Dramatic, Musical and Artistic works only)
1. Is the work to be registered
an original work?
a translation of a work in the public domain?
A translation of a work in which Copyright subsists?
an adaptation of a work in the public domain?
an adaptation of a work in which Copyright subsists?
2. If the work is a translation or adaptation of a work in which Copyright subsists:
Title of the original work
Language of the original work
Name, address and nationality of the author of the original
work and if the author is deceased, the date of decease
Name, address and nationality of the publisher, if any,
of the original work
Particulars of the authorization for a translation or adaptation
including the name, address and nationality of the party authorizing:
3. Remarks, if any
Signature
Place:
Date:          
 a method or process of testing applicable during the process of
manufacture for rendering the machine, apparatus or other equipment
more efficient or for the improvement or restoration of the existing
machine, apparatus or other equipment or for the improvement or
control of manufacture;
 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 products.
  
 4. Inventions relating to atomic energy not patentable
 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.
 33 of 1962
  
 5. Inventions where only methods or processes of manufacture
patentable
 (1) In the case of inventions-
 claiming substances intended for use, or capable of being used, as
food or as medicine or drug, or
 relating to substances prepared or produced by chemical processes
(including alloys, optical glass, semi-conductors and inter-metallic
compounds),
 no patent shall be granted in respect of claims for the substances
them selves, but claims for the methods or processes of manufacture
shall be patentable.
 [(2) Notwithstanding anything contained in sub-section (1), 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 (1) of sub-section (1) of
section 2, may be made and shall be dealt, without prejudice to the
other provisions of this Act, in the manner provided in Chapter IVA.]
  
 REGISTRATION OF DESIGNS
 3. (1) The Controller General of Patents, Designs and Trade Marks appointed under
 sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 shall
 be the Controller of Designs for the purposes of this Act.
 Controller and other
 officers
 43 of 1958
 (2) For the purposes of this Act, the Central Government may appoint
 as many examiners and other officers and with such designations, as
 it thinks fit.
 (3) Subject to the provisions of this Act, the officers appointed under
 sub-section (2) shall discharge under the superintendence and
 directions of the Controller such functions of the Controller under this
 Act as he may, from time to time by general or special order in
 writing, authorise them to discharge.
 (4) Without prejudice to the generality of the provisions of sub-section (3), the
 Controller may by order in writing and for reasons to be recorded therein, withdraw
 any matter pending before an officer appointed under sub-section (2) and deal with
 such mater himself either de novo or from the stage it was so withdrawn or transfer
 the same to another officer appointed under sub-section (2) who may, subject to
 special directions in the order of transfer, proceed with the matter either de novo or
 from the stage it was so transferred.
If the Controller is satisfied on a claim made in the prescribed manner
at any time before a design has been registered that by virtue of any
assignmentor agreement in writing made by the applicant or one of the
applicants for
registration of the design or by operation of law, the claimant would, if
the design were then registered, be entitled thereto or to the interest of the
Power of Controller tomake orders regardingsubstitution ofapplication etc.
applicant therein,or to an undivided share of the design or of that interest, the
Controller may, subject to the provisions of this section, direct that the
application shall proceed in the name of the claimant or in the names of the
claimants and the applicant or the other joint applicant or applicants,
accordinglyas the case may require.
such direction as aforesaid shall be given by virtue of any assignment or
agreement made by one two or more joint applicants for registration of a design
 except with the consent of the other joint applicant or applicants.
 3) No such direction as aforesaid shall be given by virtue of any
 assignment or agreement for the assignment of the benefit of a design unless-
 (a) the design is identified therein by reference to the
 number of the application for the registration; or
 (b) there is produced to the Controller an acknowledgement
 by the person by whom the assignment or agreement was made that
 the assignment or agreement relates to the design in respect of which
 that application is made; or
 (c) the rights of the claimant in respect of the design have
 been finally established by the decision of a court; or
 (d) the Controller gives directions for enabling the
 application to proceed or for regulating the manner in which it
 should be proceeded with under sub-section (5).
 (4) Where one of two or more joint applicants for registration of a design dies at
 any time before the design has been registered, the Controller may, upon a request
 in that behalf made by the survivor or survivors, and with the consent of the legal
 representative of the deceased, direct that the application shall proceed in the name
 of the survivor or survivors alone.
 (5) If any dispute arises between joint applicants for registration of a design
 whether or in what manner the application should be proceeded with, the
 Controller may, upon application made to him in the prescribed manner by any of
 the parties, and after giving to all parties concerned an opportunity to be heard,
 give such directions as he thinks fit for enabling the application to proceed in the
 name of one or more of the parties alone or for regulating the manner in which it
 should be proceeded with, or for both those purposes, as the case may require.