Intro To Patent in India Internship

History/ Background/ Evolution of Patent Law in India
The history of Patent law in India starts from 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present
Patents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. The
Patents Act, 1970 was again amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of
technology including food, drugs, chemicals and micro-organisms. After the amendment, the provisions relating to Exclusive
Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced. The
provisions relating to pre-grant and post-grant opposition have been also introduced.
An invention relating to a product or a process that is new, involving inventive step and capable of industrial application can be
patented in India. However, it must not fall into the category of inventions that are non-patentable as provided under sections 3 and
4 of the (Indian) Patents Act, 1970. In India, a patent application can be filed, either alone or jointly, by true and first inventor or his
assignee.
https://www.mondaq.com/india/patent/656402/patents-law-in-india--everything-you-must-
know
CURRENT POSITION:
The present Indian position in respect of patent law is governed by the provisions of the Patents Act, 1970 as amended by
the Patents (Amendment) Act, 2005 (hereinafter referred to as the Act) and Patents Acts Rules, 2006 (hereinafter referred to
as the Rules)
The Head Patent Office is located at Kolkata and its branch offices are located at Delhi, Mumbai and Chennai. Patent
system in India is administered by the Controller General of Patents, Designs, Trademarks and Geographical Indications.
Each office has its own territorial jurisdiction for receiving patent applications and is empowered to deal with all sections
of Patent Act.
JURISDICTION
The jurisdiction for filing the patent application depends upon:
i. Indian applicant(s): determined according to place of residence, place of business of the applicant or where the
invention actually originated.
ii. Foreign applicant(s): determined by the address for service in India.
https://www.mondaq.com/india/patent/54494/patent-law-in-india#:~:text=Introduction%3A,Rajagopala%20Ayyangar.
PROCEDURE FOR GRANT OF A PATENT IN INDIA
After filing the application for the grant of patent, a request for examination is required to be made for examination of the application
in the Indian Patent Office within 48 months from the date of priority of the application or from the date of filing of the application.
After the first examination report is issued, the applicant is given an opportunity to meet the objections raised in the report. The
applicant has to comply with the requirements within 6 months from the issuance of the first examination report which may be
extended for further 3 months on the request of the applicant. If the requirements of the first examination report are not complied
with within the prescribed period of 9 ;months, then the application is treated to have been abandoned by the applicant. After the
removal of objections and compliance of requirements, the patent is granted and notified in the Patent Office Journal.
https://www.mondaq.com/india/patent/656402/patents-law-in-india--everything-you-must-know
Filing of Application for Grant of Patent in India by Foreigners
India being a signatory to the Paris Convention for the Protection of Industrial Property, 1883 and the Patent Cooperation Treaty
(PCT), 1970, a foreign entity can adopt any of the aforesaid treaties for filing of application for grant of patent in India.
Where an application for grant of patent in respect of an invention in a Convention Country has been filed, then similar application
can also be filed in India for grant of patent by such applicant or the legal representative or assignee of such person within 12
months from the date on which the basic application was made in the Convention Country, ie, the home country. The priority date in
such a case is considered as the date of making of the basic application.
https://www.mondaq.com/india/patent/656402/patents-law-in-india--everything-you-must-know
IPLEADERS
https://bnblegal.com/article/overview-of-patent-law-in-india/
https://www.vakilno1.com/bareacts/laws/the-basics-of-patent-law-in-india.html
CASE LAWS
INFRINGEMENT OF PATENTS AND REMEDIES
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Intro To Patent in India Internship

Uploaded by

Copyright:

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History/ Background/ Evolution of Patent Law in India

The jurisdiction for filing the patent application depends upon:

PROCEDURE FOR GRANT OF A PATENT IN INDIA

Filing of Application for Grant of Patent in India by Foreigners

INFRINGEMENT OF PATENTS AND REMEDIES

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