Indian Patent Law

Indian Patent Law

Pooja Shreepooja@selvamandselvam.inwww.selvamandselvam.com

Intellectual Property Rights

• Intellectual property is a property which is an outcome of human intellect.

• Intellectual property rights are the rights given to persons for creations of their minds.

• The creator of an intellectual property is granted exclusive rights for exploiting and benefiting from their creations

Kinds of Intellectual Property RightsCopyright

Geographical Indication

Patent Trademark

Design

Trade Secrets

Patents• Set of exclusive rights granted by the Government for an invention.

• Invention: a new product or process involving an inventive step and capable of industrial application.

• Exclusive rights: to make, use or sell and exclude others from making, using or selling the patented invention.

• Patent rights are granted only for a limited period of time (20 years in India).

• Indian Patent law recognizes both product as well as process patents.

Are all Inventions Patenable?

• An invention is patent eligible ONLY if it:

1. Is New or novel,2. Involves an inventive step,3. Is Useful, 4. Is Non-obvious,5. Is capable of industrial application,6. Is a Patenable subject matter.

A New Invention is

One which has not been:

1. Published in India or elsewhere2. In prior public knowledge or use within India.

Inventive Step means

A feature of an invention:

• That involves technical advance as compared to the existing knowledge,

• That makes the invention not obvious

Means that the invention is capable of being made or used in an industry

Capable of Industrial Application

Who can Apply for a Patent?

• The person claiming to be the true and first inventor,

• The assignee of the person claiming to be the true and first inventor,

• The legal representative of any deceased person who immediately before his death was entitled to make such an application.

What is Non-Patenable?• An invention which is frivolous or contrary to well established natural laws,

• An invention contrary to public order or morality, or that could cause serious damage to humans, animals, plants or the environment,

• Mere discovery of scientific principle or formulation of abstract theory, or discovery any living or non-living substance occurring in nature,

• Mere discovery of new form or new use of a known substance or known process,

• Substance obtained by the mixture of known substances, or the process for producing such substance,

• Mere arrangement, re-arrangement, or duplication of known devices

• A method of agriculture or horticulture,

• A medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment process for human beings or animals,

• Plants and animals as whole or in parts, excluding micro organisms, but including seeds, varieties and species and biological processes for production or propagation of plants and animals,

• A mathematical or business method, or computer program,

• A literary, dramatic, musical or artistic or cinematographic works and television productions,

• Mere method of performing mental act or playing game,

• A presentation of information,

• Topography of integrated circuits,

• An invention which is a traditional knowledge or is duplication of known properties of traditionally known components.

How or When does a Patent die?A Patent may expire in any of the following ways:

• The term of patent protection (20 years in India) has expired.

• Non-payment of renewal fees. Once a patent is granted, the patentee has to pay annual renewal fees for maintenance.

• The patent’s validity is challenged by filing an opposition either with the Patent Office or the Courts.

Thank You

If you have an questions feel free to write to me at pooja@selvamandselvam.in

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