NISHANT SINGH 128938 INTELLECTUAL PROPERTY RIGHTS (PATENTS)
Jan 13, 2015
NISHANT SINGH
128938
INTELLECTUAL PROPERTY RIGHTS (PATENTS)
legal concept which refers to creations of the mind for which exclusive rights are recognized.
owners are granted certain exclusive rights to a variety of intangible assets
Ex. musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs
Intellectual property
Patents
Geographical
indications
Copyrights
Industrial designs
Trade Marks
Types of intellectual property rights
Granted as an
exclusive right by the gov.
Right to
prevent
third party
Free to
public after expiry
Patents
The first legislation in india relating to patents was the Act of VI of 1856.
Objective: “ to encourage inventions of
new and useful manufactures and to induce inventors to disclose secret of their
inventions ”
History
Basic philosophy of the act
“ patents are granted to encourage inventions and to ensure that these inventions are worked
on commercial scale without undue delay ”
Patents act 1970
Has been defined under the patents Act 1970
invention is defined as “ 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 filling of patent application with complete
application ”
invention
TRIPS agreement provides for a minimum term of protection of 20 years counted from the date of filling.
A comprehensive review of the Patents Act, 1970 was also madeand bill to amend the Patents Act, 1970 was introduced in Parliament on 20th December, 1999 and notified on 25-6-2002 to make the Patents law TRIPS compatible
TRIPS Agreement
inventiveness
Novelty
Usefulness
Condition for an Invention to be Patentable
ArtProcessMethod or manner of manufactureMachineApparatusSubstances produced by
manufacture
Patentable Inventions under the Patents Act 1970
Discovery of scientific principle or formulation of an abstract theory.
Method of agriculture or horticulture.Any process for medical, surgical, curative
or other treatment of human beings.Inventions relating to atomic energy
Inventions which are not Patentable in India
Five years from the date of sealing of the Patent or seven years from the date of Patent, whichever period is shorter.
Twenty years from the date of Patent in respect of any other patentable invention.
Term of a Patent