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THE PATENT ACT - 1970
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, excluding others from making, using,
selling, importing the patented product or process producing
that product for these purposes
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History of Patenting in India
➢ The first patenting related act in India was passed in 1911 by
the name of Patents and Designs Act, 1911
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➢ The Patent System in India is governed by the Patents Act,
1970 (No
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The patents act has been amended several times in 1974, 1985,
1999, 2002 and in 2005 and the rules have been amended in
2006
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❑ The inventor had to fill a declaration of inventorship
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The Patents amendment act 2005
Some of the major features of the Patents amendment act 2005 are

❑ Emphasis on Indigenous manufacturers
❑ Both pre-grant and post-grant opposition avenues
❑ In order to prevent "ever greening" of patents for
pharmaceutical substances, provisions listing out exceptions to
patentability have been suitably amended so as to remove all
ambiguity as to the scope of patentability
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⦿ Novelty:- The matter disclosed in the specification is not
published in India or elsewhere before the date of filing of the
patent application in India
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⦿ Industrially applicable :-The invention must have industrial
applicability

WHAT IS NOT PATENTABLE:
The following are Non-Patentable inventions within the meaning
of the Act:
➢ An invention which is frivolous or which claims anything
obviously contrary to well established natural laws
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➢ The mere discovery of a scientific principle or the formulation of
an abstract theory (or discovery of any living thing or non-living
substances occurring in nature)
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➢ A method of agriculture or horticulture
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➢ Inventions pertaining to Atomic energy
➢ Computer programs
➢ Plants and animals in whole or any part thereof other than
microorganisms but including seeds, varieties and species and
essentially biological processes for production or propagation of
plants and animals
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➢ A presentation of information
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Any person claiming to be the true and first inventor of the
invention
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Any person being the assignee of the person claiming to be the
true and first inventor in respect of the right to make such an
application
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By the legal representative of any deceased person who
immediately before his death was entitled to make such an
application
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• Drawing in duplicate if necessary
• Abstract of invention in duplicate
• Information of Undertaking listing the no
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(form 3)
in duplicate
• Priority Document
• Declaration of Inventorship (form 5)

• Power of Attorney if filed through patent agent (form 26)
• Fees to be paid in Cash/ Cheque/ DD
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⦿ Ordinary patents
⦿ Patents of addition
⦿ Convention application with priority date, claiming on the
basis of filing in convention countries
⦿ National phase applications
⦿

Patents of addition
The patentee may apply in prescribed format for the grant of a
patent of addition for the improvement in an existing patented
product or a process
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The patent of addition exists for
the period for which the main patent exists
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➢ Every application under this section shall state that the
applicant is in possession of the invention and shall name the
owner claiming to be the true and first inventor; and where the
person so claiming is not the applicant or one of the applicants,
the application shall contain a declaration that the applicant
believes the person so named to be the true and first inventor
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Where an application for a patent is
accompanied by a provisional specification, a complete
specification shall be filed within twelve months from the date
of filing of the application, and if the complete specification is
not filed the application shall be deemed to be abandoned
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Fully and particularly describe the invention and its
operation or use and the method by which it is to be performed
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Disclose the best method of performing the invention which
is known to the applicant and for which he is entitled to claim
protection
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A claim or claims defining the scope of the invention for
which protection is claimed
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❑
Whether there is any lawful ground of objection to the
grant of the patent under this Act with regard to the application
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❑ The Examiner to whom the application and the specification
relating thereto are referred shall ordinarily make the report to
the Controller within a period of eighteen months from the date
of such reference
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B) If the patent is for a process the patentee has the right to
prevent third parties from using that process, and from the
using, offering for sale, selling or importing products obtained
from that process without his consent
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However different types
of patents may have varying patent terms
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SURRENDER OF PATENT
In order to surrender his patent a patentee has to give notice to
the Controller in the prescribed manner
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❖ The patent was granted to a person who is not entitled to apply
for it
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❖ The patent was obtained by false representation
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B) The patentee has failed to pay the renewal fee
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As soon as the patent expires anybody can use it without the
permission of the original inventor
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2)The amount of the fees varies from 1000-4000
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Renewal
Renewal fee is to be paid only from the third year onwards and is
to be paid before the expiry of the second year from the date of

patent
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All the
renewal fees, which accumulate before the grant of patent, are
paid upon patent grant and within three months from the date
of recordal (the date, on which a patent is recorded in the
Register of Patents)
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Six
months’ grace period is available to pay renewal fees on
payment of monthly surcharge
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REGISTER OF PATENTS
A register of patent is kept at the patent office which contain:
❑ The name and addresses of grantees of patents
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❑ Particulars of such other matters affecting the validity or
proprietorship of patents as may be prescribed
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at all convenient times, the register shall be open
to inspection by the public and certified copies duly sealed,
of any entry in register, shall be given to any person on
payment of the prescribed fee
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WITHDRAWAL OF PATENT
APPLICATION
⦿ The application for patent can be withdrawn at least 3(Three)
months before the first publication which will be 18(Eighteen)
months from the date of filing or date of priority whichever is
earlier
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⦿ The application withdrawn after the date of publication, cannot
be refiled as it is already laid open for public inspection
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RESTORATION
⦿ Application for restoration of a patent that lapses due to
non-payment of renewal fees must be made within 18
months of lapse
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REQUEST FOR PERMISSION TO FILE ABROAD
⦿ If any application is to be filed abroad ,without filing in India ,it
should be made only after taking a written permission from the
Controller
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A gist of invention should also be filed
along with the Form-25
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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
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THE DESIGN ACT - 1919
INTRODUCTION
"Design" means only the features of shape, configuration,
pattern, ornament or composition of lines or colours
applied to any article whether in two dimensional or three
dimensional or in both forms, by any industrial process or
means, whether manual, mechanical or chemical, separate

or combined, which in the finished article appeal to and
are judged solely by the eye; but does not include any
mode or principle of construction or anything which is in
substance a mere mechanical device
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Sometimes purchase of articles for use is influenced not
only by their practical efficiency but also by their
appearance
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CRITERIA FOR REGISTRATION:
⦿ The design should be new or original, not previously
published or used in any country before the date of
application for registration
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The design should relate to features of
shape, configuration, pattern or ornamentation applied
or applicable to an article
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⦿ The design should be applied or applicable to any article
by any industrial process
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⦿ The features of the designs in the finished article should
appeal to and are judged solely by the eye
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Thus, any design in
the inside arrangement of a box, money purse or almirah
may not be considered for showing such articles in the open
state, as those articles are generally put in the market in
the closed state
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For instance, a key having
its novelty only in the shape of its corrugation or bend at
the portion intended to engage with levers inside the lock
associated with, cannot be registered as a design under the
Act
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⦿ The design should not include any trade mark or property
mark or artistic works
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(c) is not significantly distinguishable from known designs
or combination of known designs
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WHEN DOES THE APPLICANT FOR
REGISTRATION OF DESIGN GET THE
REGISTRATION CERTIFICATE?
⦿ When an application for registration of a design is in
order, it is accepted and registered, then a certificate
of registration is issued to the applicant
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REGISTER OF DESIGNS:
⦿ The Register of Designs is a document maintained by the
Patent Office, Kolkata as a statutory requirement
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DURATION OF THE REGISTRATION OF A DESIGN?
CAN IT BE EXTENDED?
⦿ The total time of a registered design is 15 years
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2000/- to the
Controller before the expiry of initial 10 years period
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WHY IS IT IMPORTANT FOR FILING THE APPLICATION
FOR REGISTRATION OF DESIGN AT THE EARLIEST
POSSIBLE?
⦿ First to file rule is applicable for registrability of design
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APPEAL FOR CANCELLATION OF THE REGISTRATION
OF A DESIGN:
⦿ The registration of a design may be cancelled at any
time after the registration of design on a petition for
cancellation in Form 8 with a fee of Rs
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That the design has been previously registered in
India
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That it has been published in India or elsewhere prior
to the date of registration
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That the design is not new or original
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That design is not registrable
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1,000/-
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25,000/- to the registered proprietor subject to a
maximum of Rs
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