Week 3 NPTEL (IP)
Patent serve different purposes.
Now, the object of a patent or the grant of a patent could be to identify area and technology
and to do further work.
So, filing a patent gives the patent t or the patent owner the right to work in a particular
sphere to the exclusion of others.
So, whatever products that can come out of that technological area can now be carved
as a right by the patent holder . Patents are also seen as instruments that can incentivize
innovation by offering a limited monopoly for the inventor.
As we mentioned, we derived this regime through certain international conventions like the
Paris convention, the trips agreement which stands for trade related aspects of intellectual
property rights which is a part of the WTO, the world trade organization and also we have
some arrangements between countries to facilitate patent filing internationally like the Patent
Cooperation Treaty, the PCT.
As we mentioned before, the patents act in India came as a British import.
The Britishers when they were ruling the country, they had brought in the patents act of 1911
which was largely the British act itself, but soon after independence, it was felt that
because patents are tried tied closely to the development of a nation, it was felt that
India required it is own patent law.
1970 act which is the present act that we have came as an exercise that was
suggested by taking all the measures the committees had suggested.
So, the 1970 act for the first time, it removed product protection for medicines.
Earlier the 1911 act had offered product protection for product patents what we called product
patents for pharmaceutical and drugs, pharmaceuticals and drugs.
Now, this was removed by the 1970 act, the 1970 act also made some substantial teen changes
in on the term of the patent the term of a patent was 14 years and the term of a patent
for a food medicine or drug was a shorter period.
It would vary between five to seven years and they were also host of provisions on compulsory
licensing which was introduced by the 1970 act.
The 1970 act was ah after India became member of the world trade organization in 1995, the
act came to me amended three times, in 1999, in 2002 and in 2005
o, with the amendment of the patents
act in 2005, we now offer product and process patents irrespective of the technology.
Earlier there was a distinction that product patents need not be granted for drugs and
pharmaceuticals, now that is gone.
So, the two kinds of patents broadly that can be granted under the Indian patents act
are either for a product or for a process
the universal codes are used in different specifications by different patent offices but the code the numbers
tend to remain the same. Now, and this is what is known as bibliographical detail.
Bibliographical detail will give you the details about what are the bibliographical details
about the patent; the inventors name, application number, the date on which it was filed, the
classification, the title, patent office in which it is filed, you will also see a barcode
which is for administrative purposes, the US office has also given a barcode .
Now, you find the abstract also the abstract as we had just seen in form 2 comes after
the signature and date in the Indian form 2, it comes after, but here it is presented
in a different way.
The abstract is presented up front . Now, the abstract describes a combination bit with
correction markup providing a user with a writing utensil and a correction method in
a single device and it further describes what the abstract is.
Now, the abstract we had seen has a particular function We saw that in rule 13, we had seen rule 13, 7 a
and b what are the functions of the abstract? Now, abstract the world over perform similar function they
describe the invention and it is a concise summary and they indicate the technical field to which the
invention belongs,
