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Indian Patent Act 1970 And Recent Amendments Ppt To Pdf

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Intellectual property rights IPR have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc.

Intellectual property rights: An overview and implications in pharmaceutical industry

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We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime. Indian patent act Upcoming SlideShare. Like this presentation? Why not share! Embed Size px. Start on. Show related SlideShares at end. WordPress Shortcode. Published in: Law. Full Name Comment goes here. Are you sure you want to Yes No. Nishant Kashyap. Uday Spartan. Show More.

No Downloads. Views Total views. Actions Shares. No notes for slide. Indian patent act 1. Intellectual property Creation of Human Mind i. What is a patent? Advantage of Patenting Avoids duplication of research. Keeps abreast with latest development in different fields of technology.

Helps to frame business strategy according to new trend of technology. India is also a member of following International Organization with respect to patent :- WTO- with effect from Paris Convention- for the protection of industrial property. Budapest Treaty- with effect from For the minimum period of 50 years after the death of the author. GIs — Which identify the goods as originating in a place where a given characteristic of goods is essentially attributed to its Geographical origin.

Non Patentable Invention These should be included in sec. How To aPPly? How to Apply? Duties of patentee Maintenance of the patent: Pay renewal fees. Every year till the end of the term.

Time limit: before end of the proceeding year 6 months extn. Available Working of the patents: Inventions are to be worked in India on commercial scale. Failing which compulsory license may be issued. Patent agent A Patent agent is a registered person with Indian Patent Office whose name is entered in the patent agent register after being declared qualified the patent agent examination conducted by the patent office.

For the registration as a patent agent. Eligibility for registration as patent agents A person shall be qualified to have his name entered in the register of patent agents if — he is a citizen of India; he has completed the age of 21 years; he has obtained a degree in science, engineering or technology from any university established under law. In addition,— has passed the qualifying examination prescribed for the purpose; has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section Infringement of the patent A patent confers the exclusive right on the patentee to make, distribute or sell the invention in India.

An infringement would be when any of these rights is violated. In case of product patent the rights of the patentee are infringed by anyone who makes or supplies that substance commercially In case of process patent, the use of such a method or process in India by anyone other than the patentee amounts the infringement.

The following acts of the defendant can amount to infringement: colourable imitation of patented invention; or copying essential features of patented invention; or variation of non-essential features of patented invention; or Infringe not the whole process but only a part of it. Acts not Constituting Infringement Where the patented invention is merely used for the purpose of experiment or research or for imparting instruction to pupils, it does not amount to infringement of patents.

Similarly, any act of making, using or selling a patented invention solely for development of information required under any relevant law does not amount to infringement. Also the importation of patented products by any person from a person who is duly authorized by the patentee will not constitute infringement. Offences Penalties Contravention of secrecy provision relating to certain invention. Contravention of secrecy provision relating to certain invention.

Imprisonment up to 2 years, or fine or both. Falsification of entries on register. Unauthorized claim of patent rightsUnauthorized claim of patent rights Fine up to Rs.

Imprisonment up to 6 months, or fine or both. Practice by non- registered patent agent. Offences Penalties Refusal or failure to supply information to the central government or to the Controller. Refusal or failure to supply information to the central government or to the Controller.

Fine upto Rs. Supply of false or untrue information. The Patents Amendments Act To provide the provisions for receiving the applications for the product patent mail box.

Provisions for the grant of EMRs. The Patents Amendments Act Uniform 20 years term of patent for all inventions. Scope or non-patentable inventions including traditional knowledge enlarged. Publication of all applications after 18 months. Disclosure of source and geographical origin of biological material made compulsory. Establishment of appellate board.

Compulsory license provisions strengthened. Harmonization with PCT provisions. The Patents Amendments Act Has introduced product patent protection for pharmaceuticals from 1 January, Hence unless otherwise authorized, Indian generic companies cannot produce new drugs developed abroad.

Definitions of certain terms redefined. Rationalization of opposition procedure-introduction of pre-grant representation and post — grant opposition. Provisional protection from the date of publication. The Patents Amendments Act Compulsory license for manufacture and export of pharmaceutical products to any country having insufficient or no manufacturing capacity Parallel import from anywhere Harmonization with PCT Rationalization and simplification of procedure Sealing request dispensed with, increase in the grace period from 6 to 12 months Early publication and examination.

Remarkable growth of pharmaceutical industry since then. India and Japan: only two countries where western MNCs do not dominate. Drug prices among the lowest in the world Source of good quality cheap drugs for the rest of the world. Strong marketing distribution network. Product patent protection will not have any negative consequences. Timothy M. Kuchekar , Mr. Sachin C. You just clipped your first slide! Clipping is a handy way to collect important slides you want to go back to later.

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Indian Patent Law and Its Impact on the Pharmaceutical Industry: What Can China Learn from India?

The Patents Act, Disclaimer: Updating and uploading of all Central Acts available on this web page is the proprietary of the Legislative Department in the Ministry of Law and Justice. The updating and uploading of Rules, Regulations, Notifications, etc. Schedule 1. Order Appendix Forms. Title Files. Year Description Files.

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A patent is a monopoly right to a person who has invented a new and useful article The Indian Patent Act, The Indian legislation which control the Power of Controller to refuse or require amended applications in.


Case Study on Rejected Patents in India

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A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years in exchange for publishing an enabling public disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage ; in others they are irrelevant. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought.

India is a country that has understood the importance of strong patent systems for the growth of industry and commerce to bring it at par with the modern world. Out of which, 12, applications were granted and 29, applications were withdrawn or abandoned by the applicants.

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