Patents an

introductory
approach
By

Naveen Mathur

Assistant Controller of Patents and Designs

Patent --Line

Process

Patents A monopoly right

Three Routes for making an application for grant of Patents in India
Requirements to be satisfied by the subject matter of patents application
Communication of gist of objection to the Applicant by the Patents Office

FER
Time to reply by the applicant--- 12 months
Any Pregrant representation by the third Party Under section 25(1)
Grant Of Patents by the controller
Post Grant opposition Under section 25(2) within one year of the
publication of the Grant
If not satisfied by the decision of the controller Appellate Tribunal (IPAB)
Aggrieved party can file writ/suit in the supreme court of India.
Supreme Court decision binding

Procedure for National and

International Patent Applications
Three routes
Application filed directly at the Patents Office

Individual /Legal entity

Application filed within one year from the date of filing
in the convention country
Application filed in the WIPO PCT route- 31 months
Publication of Patent Application- 18 months
Requirements of examination of Patents ApplicationNovelty,inventive step,Industrial Application
Section 3(d) --- Efficacy , mere Use

Denial Refusal of Patent

Application
Refusal of Patents Application
Objections not met within 12 months
Pregrant opposition is considered by the

controller in the favour of the opponent

Post grant opposition is considered by the
controller in favour of the opponent

Role of host country in

approval or denial of
Patent Applications
The Indian Patents Office takes its Decision as
per the Patents Act 1970 and there is no role
of the host country for Denial or the refusal of
the grant of Patent Application in India.

Constraints of
developing
/producing in India
If the applicant has been granted Patent in India, the
Process/Product for which Patent is granted is protected for
infringement and no other person can utilize the process for the
manufacture of the product and no body can manufacture the
product in India which has been granted Monopoly rights.

Granted Patent and Manufacturing

in India
The Patents which have been granted in India has term of

20 years from the date of application.

After the term of Patent has expired , the Patent is in Public
Domain
If the Patent has not expired then the manufacturer in
India can not make the product Or use the process
Patented
If any other manufacturer wants to use and manufacture
the product he has to get license from the Patent Holder.
If only process is patented , the manufacturer can develop
the new process and make the product, If both the process
and Products are patented then manufacturer can go for
cross Licensing.

Compulsory Licensing Provision in

Patents Act 1970
(1) At any time after the expiration of three years from

the date of the grant of a patent, any person interested

may make an application to the Controller for grant of
compulsory licence on patent on any of the following
grounds, namely:
(a) that the reasonable requirements of the
public with respect to the patented invention have not
been satisfied, or
(b) that the patented invention is not available
to the public at a reasonably affordable price, or
(c) that the patented invention is not worked in
the territory of India.
above is the Section 80 of the Patents Act 1970

Some Graphics for HFOs

Analysis (1).pptx

Naveen Mathur
Thanks you for patient Hearing