13-10-2012, 01:25 PM
PATENT ACT (INDIAN SCENARIO)
PATENT ACT.ppt (Size: 554.5 KB / Downloads: 67)
Introduction
Intellectual property right (IPR)
IPR have become important in the face of changing trade environment like global competition, high innovation risks, high investment in R&D, production and marketing.
In order to maintain continuous stream of new ideas and experimentation IPR is important.
IPR as a collective term includes the following independent IP rights which can be collectively used for protecting different aspects of an inventive work for multiple protection:-
Patents
Copyrights
Trademarks
Registered (industrial) design
Geographical indication
Protection of undisclosed information
Indian Patent Act
A patent is an exclusive right granted by a country to the owner of an invention to make ,use ,manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.
Exclusive rights implies that no else can make ,use, manufacture or market the invention without the consent of the patent holder.
A patent in the law is a property right and hence can be gifted, inherited, assigned, licensed or sold.
The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest.
There are two kinds of patents namely process and product patent.
A product-patent system means that the end result of the product is patented and not the process by which it is made.
India follows both the product and process-patent systems. For the pharmaceutical, drug, food and chemicals industries, we follow process patents, while for all other industries the product-patent system.
In India grant of process patents was limited to food and drugs.
However with effect from January 2005 the said limitation is removed.
Administration
The Patent Office, under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, performs the statutory duties in connection with the grant of patents for new inventions and registration of industrial designs.
Patent Offices are located at Kolkata (Headquarter) , Mumbai, Chennai and Delhi to deal with the applications for patents originating within their respective territorial jurisdictions.
Patent Information System (PIS) located at Nagpur maintains a comprehensive collection of patent specifications and patent related literature, on a worldwide basis and provides technological information contained in patent or patent related literature through search services and patent document supply services.
Intellectual Property Training Institute (IPTI) located at Nagpur provides training to the officials of IP offices and other users of the system who are working in the field of Intellectual Property Rights.
Patenting of Microbiological inventions
The Indian patent act has now a specific provision in regards to patenting of microorganisms and microbiological processes.
As it is difficult to describe a microorganism on paper, a system of depositing strain of microorganisms in some recognized depositories was evolved.
An international treaty called Budapest treaty was signed in Budapest in 1973 and later on amended in 1980.
This is an international convention governing the recognition of deposits in officially approved culture collection for the purpose of patent application in any country that is the party to this treaty.
Because of this difficulties it is essential to deposit a strain in a culture collection centre for testing and examination by others.
An inventor is required to deposit the strain of a microorganism in a recognized depository, which assign a registration number to the deposited microorganism.
This registration no. needs to be quoted in the patent application dealing with the microorganism.
The institute of microbiological technology (IMTEC), Chandigarh is the first Indian depository setup under the Budapest treaty.