The Indian Patent System is still evolving. The Patents Act, 1970 has been amended in 1999, 2002 and 2005 and the Patents Rules, 1972 amended in 1999,2003,2005 and 2006. The latest Amendments introduced many substantial changes in the Patent Law mainly to make it conform to the requirements of TRIPs and WTO of which India is Signatory and a member. Thus, the present Amended Act & Rules envisage the following:
- Drugs, Pharmaceuticals and Chemicals are treated like any other article for the purpose of Patents.
- Process as well as Product Patents, both, are now allowed.
- The term of the patent now is 20 years from the date of application for all categories of invention.
- Computer software related to hardware inventions can now be pretended.
- E-filing of Patent Application has been introduced w.e.f. 20.09.2007.
- E-notification of communication by the Controller`s office to the Patent Application/Holders has started in August 2009.
- Creation of Appellate Board to hear appeals from the decisions of controller of Patents and also decide on application for rectification of the Register of Patents and revocation of patents which could formerly be dealt with only by the High Courts so as to facilitate quick decision.
With the above amendments, the Patents Law in India has attained the nature of Globalization in almost all essential features.
The Relevance of the Book
- The Present Book is designed to be a complete treatise on various aspects covered by Patents Law and Patents Rules.
- The Book deals exhaustively and comprehensively with all aspects of the subject.
- The concepts have been made clear by using examples and relevant case law as pronounced by the controller of Patents, High Courts & Supreme Courts of India, The IPAB (Indian Patents Appellate Board) and in some cases, by foreign courts as well.
- The Book is well structured and well researched with topics ranging from History, Subject matter, sections and rules, case law, contemporary scenario, issues, challenges as well as patenting activity in India etc.
- The Book, it is hoped , will prove valuable for students, teachers, inventors, patent applicants, patent agents, industry and all those concerned with the subject.
- The Book contains 107 examples and 175 of relevant case law. These have been given in separate Boxes so that a reader not interested in legal intricacies may easily skip them.
- The Book has drawn from a large number of resources which have been duly acknowledged at appropriate places.
- The Book also contain the Patents Act and the Patents Rules as amended up to date as well as the Schedules and FORMs (1-27) used for different purposes by the Patent Applicant/Holder.
- The Contents as well as the case law in the Book is updated till June 2010.
- Bibliography at the end of the Book contains detailed lists of Articles, News Reports, Journals, Books, References, Web-sites, Patent Blogs etc. for further study of the subject.
- A large number of Appendices enhance the utility of the Book.
- List of all cases mentioned in the Book is given to facilitate quick reference.
1. Patents : General Information & History of Patents
2. The Indian Patent System : Evolution, Acts, Rules, etc.
3. Criteria for Patentability
4. Non-Patentable Inventions : Exemption & Exhaustion of Patents
5. Drafting & Filling A Patent Application
6. Specifications, Drawings, claims & Disclosure
7. International Applications Under Patents Act
8. Publication of Patent Applications
9. Examination of Patent Applications, Misc, Topics
10. Patent Opposition (pre-Grant, Post-Grant), Misc. Topics
12. Secrecy Provisions (For Defense Related Inventions)
13. Grant of Patent, Patent of Addition
14. Amendment of Application & Specification
15. Restoration of Lapsed Patents
16. Surrender & Revocation of Patents
17. Register of Patents
18. Indian Patent Office : Structure & Jurisdiction
19. Powers of Controller
20. Working of Patents, Compulsory License and Revocation
21. Use or Acquisition of Patents for Purposes of Government
22. Infringement of Patents
23. Appellate Board
25. Patent Rights
26. International Arrangements
27. Miscellaneous Provisions
28. Patent Activity in India − An Overview
Appendix I : E-Filing of Patent Applications in India − A User Manual
Appendix II : 1. The Office of Patent Information System
2. National Institute of Intellectual Property Management
Appendix III : Patent Co-operation Treaty (PCT) Applications
Appendix IV : List of Convention Countries. List of Authorized Depository Institutions
Appendix V : Specimen of Complete Specification etc.
Appendix VI : Definition of Patent Terms
Appendix VII : Frequently Asked Questions
Patents Act, 1970
The Patents Rules, 2003