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WELCOME TO ALL DELEGATES By Dr. S. N. Maity Controller General of Patents, Designs and Trade Marks Office of The Controller General of Patents, Designs and Trade Marks Govt. of India. PATENT OFFICE. PATENT INFORMATION SYSTEM. TRADE MARKS REGISTRY. GRANT OF PATENTS UNDER THE PATENTS
WELCOME TO ALL DELEGATESByDr. S. N. MaityController General of Patents, Designs and Trade MarksOffice of The Controller General of Patents, Designs and Trade MarksGovt. of India
TRADE MARKS REGISTRY
GRANT OF PATENTS
UNDER THE PATENTS
ACT, 1970 AND
DESIGNS UNDER THE
INCLUDING RERIEVAL AND
IN PATENT DOCUMENTS
TRADE MARKS UNDER
THE TRADE AND
Organizational ChartCONTROLLER GENERALOF PATENTS,DESIGNS AND TRADE MARKSMINISTRY OF COMMERCE AND INDUSTRYDEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
If the patent is for a product :-
- the right to prevent others from
- offering for sale
- importing the patented product
If the patent is for a process :-
- the right to prevent others from the act of
- using the process
- using the product directly obtained by the process
- offering for sale the product directly obtained by
- selling the product directly obtained by the process
- importing the product directly obtained by the process
“Invention” means a new product or process involving an inventive step and capable of industrial application;
“inventive step” means a feature that makes the invention not obvious to a person skilled in the art;
“capable of industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry.
c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living things or non-living substance occurring in nature;
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.
e.g. Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Government from time to time.
Only process of manufacture of above substances is patentable
‘Explanation – For the purpose of this section “chemical processes” include biochemical, biotechnological and microbiological processes’.
Notwithstanding anything contained in Sub Section (I), 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 (l) of sub section (I) of section 2, may be made and shall be dealt, without prejudice to the other provision of this Act, in the manner provided in Chapter IVA. (i.e. grant of Exclusive Marketing Right).
Filing of patent application
Publication after 18 months
Request for examination
Examination: Acceptance or Refusal
Notification of acceptance in the Gazette of India
Opposition to grant of patent
GRANT OF A PATENT