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
PATENT OFFICE PATENT INFORMATION SYSTEM TRADE MARKS REGISTRY GRANT OF PATENTS UNDER THE PATENTS ACT, 1970 AND REGISTRATIONOF DESIGNS UNDER THE DESIGNS ACT,1911 DOCUMENTATION INCLUDING RERIEVAL AND TDISSEMINATION OF INFORMATION CONTAINED IN PATENT DOCUMENTS REGISTRATION OF TRADE MARKS UNDER THE TRADE AND MERCHANDISE MARKS ACT, 1958 CALCUTTA MADRAS CALCUTTA MADRAS NAGPUR AHMEDABAD NEW DELHI MUMBAI NEW DELHI MUMBAI Organizational ChartCONTROLLER GENERALOF PATENTS,DESIGNS AND TRADE MARKSMINISTRY OF COMMERCE AND INDUSTRYDEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
What rights a Patent confers on the patentee If the patent is for a product :- - the right to prevent others from - making - using - offering for sale - selling - importing the patented product
What rights a Patent confers on the patentee 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 the process - selling the product directly obtained by the process - importing the product directly obtained by the process
What is Invention Under Section 2(1)(j) “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.
Non Patentable Inventions[Under Section 3] • An invention which is frivolous or which claims anything obvious 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; 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;
Non Patentable Inventions[Under Section 3] • 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 of one another in a known way;
Non Patentable Invention[Under Section 3] • ----- Section 3(g) of the Patents Act,1970 has been omitted; • a method of agriculture or horticulture; • any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
Non Patentable Inventions[Under Section 3] • 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’.
Atomic Energy Related Inventions Not Patentable (Under Section 4) 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.
Product per se Claims - Not Patentable[Under Section 5(1)] • 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, semiconductors and intermetallic compounds), Only process of manufacture of above substances is patentable ‘Explanation – For the purpose of this section “chemical processes” include biochemical, biotechnological and microbiological processes’.
Product per se Claim Under Section 5(2) 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).
Patent Grant Procedure 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