The Patents Act, 1970 Notes

1. TOPIC :- PATENT
HISTORY OF PATENT
CO-OPERATION TREATY

2. HISTORY OF PATENT
 First Patent Statute in the world
‘The Venetian patent Statute of March 19,1474,
established in the republic of Venice’.
 In India first act in 1911 by British government
1970- Indian Act passed,1972- Patent rules
( both process patent and product patent are
given)
(process patent mainly given in food and
pharmaceutical industry)
 1955- India joined WTO, TRIPS
 2005- THE PATENT AMENDMENT ACT

3. WHAT IS A PATENT?
 A patent is an exclusive right granted for
an invention, which is a product or a
process that provides, in general, a new
way of doing something, or offers a new
technical solution to a problem. To get a
patent, technical information about the
invention must be disclosed to the
public in a patent application.

4. WHAT KIND OF PROTECTION DOES PATENT
OFFER?
 In principle, the patent owner has
the exclusive right to prevent or
stop others from commercially
exploiting the patented invention.
In other words, patent protection
means that the invention cannot
be commercially made, used,
distributed, imported or sold by
others without the patent owner’s
consent.

5. 4 TYPES OF PATENTS
 Utility Patents : protect new and useful
inventions, such as machines, processes, r
compositions of matter.
 Design Patents : protect the ornamental
design of a functional item.
 Plant Patent : protect asexually reproduced
plants that are new varieties.
 Provisional Patents : provide a means to
establish an early priority date without the
need for filing a formal patent application.

6. .
HOW LONG DOES A PATENT
LAST?
IS A PATENT VALID IN
EVERY COUNTRY?
 The protection is
granted for a limited
period , generally 20
years from the filing
date of the application.
 Patents are territorial
rights. In general, the
exclusive rights are
only applicable in the
country or region in
which a patent has
been filed and granted,
in accordance with the
law of that country or
region.

7. PARIS CONVENTION, 1883
 The very first convention took was ‘PARIS
Convention’ 1883.
 USA bought patent for the first time in 1883.
 In India it came in 1911.
 PARIS Convention has basic 3 things:
1. National Treatment- have to introduce
the act in their nation.
2. Right of Priority- has priority everywhere.
3. Independence of Patent- if one country gives
or rights the patent that doesn’t mean all
countries will do the same.

8. PATENT CO-OPERATION TREATY, 1970
 This treaty was signed in Washington,
US. Mainly talks about international co-
operation in patent.
 Complementary treaty to Paris
convention and only the members of
Paris convention.
 All powers still reside with the country
only.
 It is a territorial right.

9. PATENT CO-OPERATION TREATY :-
 PCT established an international system
filling in a single patent office called
receiving office.
 With a single application that is International
application in one language which will have
effect in all the countries parties to PCT.
 International Preliminary Examination which
gives the patent office in the country a report
containing opinion about the patentability of
the application.