PATENTS ACT,1970

Presented By:
Ravneet Kaur
 What is PATENT?????
 A ‘Patent’ is a grant from the
government which confers on the
‘grantee’ for a limited time period , the
exclusive right of making, selling and
using the invention in respect of which
patent has been granted and also of
authorizing others to do so.
An Invention to be Patentable, must
satisfy the following three
conditions:-
 It is novel ie. it is different from other
similar inventions in one or more of its
parts.

 It is useful to the society.

 It is non-obvious to a person possessed

of average skill in the art. An invention is
nonobvious if someone who is skilled in
the field of the invention would consider
the invention an unexpected or
surprising development.
 Kinds of PATENTS??
 Utility Patent:
Utility patents, the most common type, are
granted to new machines, chemicals, and
processes.
 Design Patent:

Design patents are granted to protect the

unique appearance or design of
manufactured objects, such as the surface
ornamentation or overall design of the
object.
 Cont(d)
 Plant Patent:
Plant patents are granted for the
invention of new and distinct plant
varieties, including hybrids.
Procedure for grant of PATENT
1. Filing an application for a patent .
2. Examination of application.
3. Acceptance of the application and
advertisement of such acceptance
in the Official Gazette.
4. Opposition to grant of patent.
5. Grant and sealing of patents.
 1.Filing of Application [sec 7]
 Every application for a
patent shall be for one
invention only and
shall be made in the
prescribed form and
filed in the patent
office.
 Applicant should be
the true and first
inventor.
 Every such application
shall be accompanied
by a provisional or a
complete
specification.
 2. Examination and Acceptance
of Applications sec[12 to 24]
Examiner make a report to Controller
on the following matters:
 whether the application and the
specification relating thereto are in
accordance with the requirements of
this Act.
 Whether there is any lawful ground
of objection to the grant of the
Patent .
 Any other matter which may be
prescribed.
 3.Advertisement of acceptance
of complete specification:
 The controller shall give notice
thereof to the applicant and shall
advertise in the Official Gazette the
fact that the specification has
been accepted , and thereupon the
application and the specification
with the drawings filed in pursuance
thereof shall be open to public
inspection.
 4.Opposition to Grant of Patent
sec[25]
 Applicant or the person under or through
whom he claims, wrongfully obtained the
invention .
 Invention was publicly known or publicly
used in India before the priority date of the
claim.
 Where the claim made by an inventor is no
more than an individual design, not an
invention.
 If the language used by the patentee is
obscure and ambiguous, no patent can be
granted.

 5.Grant and Sealing of Patents
sec[43]
 The application has
not been opposed
under sec 25 and the
time for the filing of
the opposition has
expired.

 The application has

been opposed and the
opposition has been
finally decided in
favour of the
applicant; or

 The application has

not been refused by
the Controller by the
virtue of any power
vested in him by this
 Penalties sec[118-124]

 Falsification of entries
in register etc.-
imprisonment upto 2
years or fine or both.
 Unauthorised claim of
Patent Rights-fine
upto Rs.500.
 In case of offences by
companies.
 Refusal or failure to
supply information to
Central Govt. or
controller-
imprisonment upto 6
month or fine or both.
 Remedies for Infringement of
Patents
 Reliefs in suit for infringement.
 Right of licensee under sec84 to
take proceedings against
infringements.
 Jurisdiction of Court :No suit for a
declaration under sec 105 for
infringement of a patent shall be
instituted in any court inferior to a
district court .
 Cont(d)
 Power of Courts to grant relief in
cases of groundless threats of
infringement proceedings:
Where a person threatens any other
person by communication oral or in writing
with proceedings for infringement of a
patent ,any person aggrieved thereby may
bring a suit against him .
 Bibliography
 Mercantile Law
By: K.C Garg
 Business Environment
By:Francis Cherunilam

References
 www.ignou.in
 www.findlaw.com
 www.wikipedia.com