Title Patents and Design Act,.pdf ✅

Patents and Design Act, 1970 Contents • A brief discussion on intellectual property rights (IPRs), which includes industrial properties such as Patents, Trademarks, Industrial designs, Geographical Indications, Trade secrets and copyrights • Types of patents and procedure for filing of patents with reference to drugs and pharmaceuticals in India Intended Learning Outcomes At the end of this lecture, the student will be able to: • Explain the need for Intellectual Property rights • Distinguish between different IPRs • Discuss about patents • Describe the features of patents • Discuss about the salient features of Indian Patent Act 1970 • Describe the changes made in the Patent act following GATT agreement • Explain the steps involved in filing of a patent • Describe the details to be included in the specifications of patent • Explain the importance of trademarks • Distinguish between different marks • Explain the importance of trade secrets and industrial designs • Explain the importance of Geographical indications • Identify the products with a GI tag www.pharmanotes.org Page 1 of 18

- Copyright is valid as long as the creator lives + 60 years after his death - Copyright is recognized internationally and does not require frequent renewal - The creators often sell the rights of their works to potential individuals or companies best able to market such works in return for payment as royalty Patent • Is a legal protection for an invention • It is a written document , which is a protection given by the government to an inventor for his/ her invention for a limited term • Ensures protection for the invention to the original owner of the patent. The protection is granted for 20 years • The inventor should not disclose his invention prior to filing a patent application • Once the patent is granted the patented invention cannot be commercially produced, used, distributed or marketed without the owner's consent • A patent owner has to decide the class of people who can avail the patented invention for the stated period of protection • The patent owner may give permission to, or license, other parties to use the invention • The patent owner may also sell the right to someone else for monetary gain or for better social cause, who will then become the new owner of the patent • Once a patent expires, the protection ends, and the invention will be deemed as a public property (public domain) • Patents not only offer legal protection to the owner, but also serve as a source of valuable information to researchers and inventors • Source of inspiration for future generations of scientists • A patent is granted for an invention • An invention is idea of making a new useful article, method or substance • A patent once granted for an invention, it becomes an intellectual property which remains for a specific period of time. Conditions of Patentability Patent is granted only for those inventions which have • Novelty (newness) • Utility (usefulness) / Industrial applicability • Involves an inventive step • Non-Obviousness (not just the next step) • Disclosure (enabling) “Novelty” or “New” means www.pharmanotes.org Page 3 of 18
Invention must not be Published in India or elsewhere In prior public knowledge or prior public use with in India Claimed before in any specification in India Inventive step A feature of an invention that involves technical advance as compared to the existing knowledge or have economic significance or both makes the invention not obvious to a person skilled in the art What is utility? • Must be operable to perform intended function – must work • Must be directed to useful function – must have a use Industrial application Invention is capable of being made or used in any kind of industry What is non-obvious? • The subject matter of the invention as a whole must not be obvious at the time the invention was made to a person having ordinary skill in the art to which the subject matter of the invention pertains • Requirement is to avoid granting patents for inventions which only follow from "normal product design and development“ • The diffrence between the existing prior art and the invention must be sufficiently great to deserve a patent PATENTS ACT 1970 • At the time of independence, India’s pharma market was dominated by MNCs that controlled a large share of market mainly through imports • Approx. 99% of all pharma products protected by patents were held by foreign companies and domestic Indian prices were highest in the world • Due to lack of competition, drugs were sold at high prices in India • The Indian Pharma market remained import dependent through the 1960s until the Govt. initiated policies stressing self reliance through local production • The Govt. of India funded 5 state owned pharma companies • To end the dominance of MNCs, the govt. enacted a series of policies • Introduced the Patents act 1970 www.pharmanotes.org Page 4 of 18