bba 1 ibo u 5.6 patents act, 1970
TRANSCRIPT
Intellectual property act
Course: BBA I
Subject : Introduction to Business Organization
Unit: 5
Intellectual property Rights
• Intellectual Property (IP) is defined as any"original creative work manifested in atangible form that can be legally protected“
Legislations covering IPRs in IndiaPatents- Patent’s Act 1970Design- The Design Act 1999Trademarks- Trademark Act 1999Copy rights- Copy Right Act 1957
IPR
Patents
Geographical Indications
Trademarks
Works of Art
Literature
Music
Broadcasting
Dramatics Works
Sound Recording
Computer Programs Industrial Design
Classification of IPR
Intellectual Property
Co
pyri
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• The first act was enacted in 1856 by Great Britain.• Was constituted with revised version in 1970.• Objective is to encourage, protect and maintain a
continuous flow of inventions.• Inventions means a new product or process involving
an inventive step and capable of industrial application.• An invention is not property unless it has been
patented.• The patent must be in form of invention & not
discovery• One invention only one patent.• Patent shall have effect throughout the India.
Patent Act ,1970
Who can apply for Patent?
An Application by any of following persons,
1. By any person claiming to be true and first inventor of the invention.
2. By any person claiming the assignee of the person claiming true and first inventor.
3. By legal representative of any deceased person who immediately before his death entitled to make such an application.
STAGES - FILING TO GRANT OF PATENT
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
OPPOSITION
• PROMPTLY AFTER 18 MONTHS
• WITHIN 48 MONTHS FROM F.D.
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
• WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
Decision of
Controller
EXAMINATION-ISSUE FER
Appeal
Appellate Board
Rights of Patentees
• Patent is a product, the exclusive right prevent third parties from the act of making, using,selling or importing that product in INDIA.
• Patent is process, the exclusive right prevent third parties from the act of using, offering for sale, selling or importing for those purpose the product directly obtained by that process in India.
Term of Patent
• Every patent granted and the term of every patent which has not expired and has not ceased to have effect shall be 20 years from the date of filing application.
• On cessation of patent due to non payment ofrenewal fees or on expiry of the term ofpatent , shall not be entitled to anyprotection.
Opposition
• Pre-Grant Opposition– A representation for pre-grant opposition can be
filed by any person within 6 months from the date of the publication of the application or before the grant of the patent.
• Post-Grant Opposition – Any interested person can file post-grant
opposition within twelve months from the date of publication of the grant of patent in the official journal of the patent office.
Revocation of Patents
• Invention earlier claimed
• Patentee not entitled to apply
• Patent wrongfully obtained
• Subject claim not an invention
• Claims not new
• Invention is obvious and not new
• Invention not useful.
• Invention not fairly and sufficiently described
Contd.• Claim not clearly defined
• False suggestion
• Claims not patentable
• Failure to disclose information
• Contravened secrecy
• Amendment obtained by fraud
• Wrong mentions
• Patent has expired
• Requirement is not satisfied.
Infringement
• When rights of the patentees are infringed by anyone
• Burden of proof lies on defendant (infringer), however the patentee shall first prove that product or process is identical to patented product or process
Reliefs in case of infringement
Suit needs to be filled with District or high court.
Within 3 yrs
By patentee or assignee of patent
• Relief which court may grant in any suit for infringement of a patent include,
1. An injunction (prohibition)
2. Damages
3. An account of profits
References
1. Fundamentals of Business Organization and
Management by Y.K.Bhushan- Sultan Chandpublications
2. Principles & Practices Of Management by L M Prasad – Himalaya Publishing House
Thank You!!