•Grant of patents (s. 43)
–Where the application has not been refused for any reason or
–It is not in contravention of any of the provisions of the Act,
Patent shall be granted as expeditiously as possible with the seal of office and date to be entered in the register
•Grant and sealing of patent, or the decision by the Controller in case of opposition
–does not guarantee the validity of the patent
–can still be challenged before the Court on various grounds in revocation or infringement proceedings
•This position reiterated in J Mitra and co Pvt Ltd v. Kesar Medicaments, (2008)
–relying on Bishwanath Prasad Radhey Shyam and Standipack Pvt Ltd cases
•Date of Patent: Date of filing the application
•Grant of patents to be subject to certain conditions (s. 47)
–the invention may be imported or made by the government for its own use
–for experiment or research purposes including the imparting of instructions to pupils
–in case of medicine or drug, may be used by the govt. in its dispensary, hospital or medical institution
•Rights of patentee (s. 48)
–Exclusive right to prevent third parties who do not have his consent from
•making,
•using,
•offering for sale,
•selling or importing for those purposes
•in case of process patent, even the product directly obtained by that process
•Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India (s. 49)
–Known as Doctrine of Temporary Presence
–A foreign vessel, aircraft or a land vehicle
–owned by a foreign resident, comes to India
–temporarily or accidentally, then
–invention shall not be deemed to be infringed if used
–on board the vessel and for its actual needs or
–in the construction or working of such vehicle
• Term of Patent – 20 years
•Renewal fees – Have to be paid every two years, failing which the patent shall cease and will fall into public domain
Patents of Addition Chap. IX- Ss. 54-56
•Granted for those improvements or modifications in the main invention
–Which the patentee might have made during the course of working of his patent but
–Which might not possess sufficient inventiveness to qualify for an independent patent
–Granted only for unexpired term of the main patent
No comments:
Post a Comment