PATENTS TEAM NO.

10 NEHA SITARA SUPRIYA SANDESH

PATENTS
Meaning & Definition A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention. According to the Indian patents Act, 1970, invention means any new and useful;  art, process, method or manner of manufacture;  Machine apparatus or other articles;  Substance produced by manufacture; and includes any new and useful improvement in any of them.

Typically, a patent application must include one or more claims defining the invention which must be New, Non-obvious, and Useful or industrially applicable

INDIAN PATENT ACT 1970

process patent-food, drugs and chemical substances. Patent term: 5-7 years in case of food, medicines and drugs and 14 years in case of others. Plants , animals and microbiological process are not patentable. A patent can be revoked if it is found nonworking. Ceiling on the royalty fee .
Only

In most countries, both natural persons and corporate entities may apply for a patent. In the United States, however, only the inventor(s) may apply for a patent although it may be assigned to a corporate entity subsequently and inventors may be required to assign inventions to their employers under a contract of employment. In most European countries, ownership of an invention may pass from the inventor to their employer by rule of law if the invention was made in the course of the inventor's normal or specifically assigned employment duties, where an invention might reasonably be expected to result from carrying out those duties, or if the inventor had a special obligation to further the interests of the employer's company.

OWNERSHIP

EFFECTS


A patent is not a right to practice or use the invention. Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be
Sold Licensed Mortgaged assigned/transfered

A patent being an exclusionary right does not, however, necessarily give the owner of the patent the right to exploit the patent. For example, many inventions are improvements of prior inventions that may still be covered by someone else's patent. Some countries have "working provisions" that require the invention be exploited in the jurisdiction it covers. Consequences of not working an invention vary from one country to another, ranging from revocation of the patent rights to the awarding of a compulsory license awarded by the courts to a party wishing to exploit a patented invention. The patentee has the opportunity to challenge the revocation or license, but is usually required to provide evidence that the reasonable requirements of the public have been met by the working of invention.

ENFORCEMENT
Patents

can generally enforced through Civil lawsuits.

The

patent owner will seek monetary compensation for past infringement, and will

seek an injunction prohibiting the defendant from engaging in future acts of infringement.

An

important limitation on the ability of a patent owner to successfully assert the

patent in civil litigation is the accused infringer's right to challenge the validity of that patent.

The vast majority of patent rights, however, are not determined through litigation, but are resolved privately through patent licensing.

Patent licensing agreements are contracts in which the patent owner (the licensor) agrees to forgo their right to sue the licensee for infringement of the licensor's patent rights, usually in return for a royalty or other compensation.

It is common for companies engaged in complex technical fields to enter into dozens of license agreements associated with the production of a single product.

GOVERNING LAWS


Governed by national laws, and also by international treaties.

Commonly, a nation forms a patent office with responsibility for operating that nation's patent system, within the relevant patent laws.

There is a trend towards global harmonization of patent laws, with the World Trade Organization. . The TRIPs Agreement has been largely successful in providing a forum for nations to agree on an aligned set of patent laws. Conformity with the TRIPs agreement is a requirement of admission to the WTO and so compliance is seen by many nations as important.

A key international convention relating to patents is the Paris Convention for the Protection of Industrial Property, signed in 1883. It sets out a range of basic rules relating to patents, and although the convention does not have direct legal effect in all national jurisdictions, the principles of the convention are incorporated into all notable current patent systems.

The authority for patent statutes in different countries varies. In the UK, substantive patent law is contained in the Patents Act 1977 as amended. In the United States, the Constitution empowers Congress to make laws to promote the Progress of Science and useful Arts.

There are international treaty procedures, such as European Patent Convention (administered by the European Patent Organisation) and the Patent Cooperation Treaty (PCT) that centralize some portion of the filing and examination procedure.

LIST OF PATENTS GRANTED IN INDIA

Sl. No 1 2 3 Title A method for enhanced production of one or more proteins A process for composition preparing a cell culture Granted Date 19.4.2003 29.11.2003 6.12.2003

A novel process for the preparation of a protein enriched fraction from the plant Tinospora cord folia A Method for the Isolation of a Nucleotide Process for the formulation of a single dose vaccine Immunomodulatory cancer compound for treating

5 6 7

13.6.2005 27.9.2007 05.10.2007

Sl. No 8

Title A process for developing immunological memory from single point immunization

Granted Date 25.3.2008

A process for solubalization and recovery of bioactive proteins from mast cells

25.3.2008

10

A method for producing an immunecontraceptive vaccine

26.3.2008

11

A Process for improving the immunogenicity of a weak antigen

02.06.2008

REQUIREMENTS FOR PATENTING AN INVENTION

An invention must meet two main requirements at the time of filing of the patent application: It must be new It must be not-obvious (involving an "inventive step")

PATENT FILING TREND IN INDIA

Patent filings at the Indian patent office [IPO] have been increasing at a rate of about 25% for the past 8 years, it is evident the major patent filings are contributed by foreign applicants as clearly shown below graph. Patent filings by the Indian applicants in every year are growing only with a rate of about 11.6%, where as foreign applicant filing growing at a rate of about 31.7%. The patent filed by the Indian firms lag behind substantially as compared to foreign counterparts. The trend in patent filing by the Indian companies is not good signal to advance our Indian economy.