Patent

PATENT-It is the form of the Intellectual Property that gives legal right to its owner. From the others for making, using or selling an invention for a limited period of the year. It is a right granted to anyone who is invent something new, useful and non-obvious.

Contents  hide 

1 What is the Patent?

2 Indian Patent System History:

3 JURISDICTION OF PATENT OFFICES:

3.1 Designs:

3.2 AMENDMENT RULE 2021

3.3 Reference

4 Related

What is the Patent?

The Patent is any thing just a natural can not be such as, mineral, genes, organism and biological process. The big part of the patented material must be manmade.

The WTO (World Trade Organization) Agreement on Trade Related Aspects of Intellectual Property Rights. They should be available to the WTO members Countries for any inventions. In all field of technology and the term of protection will be available and it will be minimum 20 years.

Indian Patent System History:

1. 1856 – The Act VI of 1856 on protection of inventions based on the British Patent Law of 1852.
2. 1859 – The Act modified as Act XV, and Patent monopolies called Exclusive privileg
3. 1872 – The Patterns and Designs Protection Act (Act XIII of 1872)
4. 1883 – The Protection of Invention Act
5. 1888 – Consolidated as the invention and designs act
6. 1911- The Indian and Design Act
7. 1972 – The Act (Act 39 of 1970) came into force on April ,1972.
8. 1999 – On March 26, 1999 Patents(amendment) act, 1999 came into force from January 1, 1995.
9. 2002 – The Patents(amendment) Act, 2002 came into force on May 20, 2003
10. 2005 – The Patent(amendment) Act 2005 effective from January 2005.

JURISDICTION OF PATENT OFFICES:

An applicant can file application for Patent at the appropriate Patent office under who’s jurisdiction he normally resides, has domicile, has place of business or the place of invention.

In case applicant is not resident of India or he don’t have any business office in India in this situation the applicant’s address of service in India or place of business of his agent office, where application for it can be filed.

Following are the territorial jurisdiction for the appropriate office for the applicants:

1. The Patent office Branch Mumbai – The State of Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh and Union Territories of Daman and Diu, Dadra and Nagar Haveli.
2. This Patent office Branch Chennai – The State of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, and The Union Territories of Pondicherry and Lakshadweep.
3. Patent office Branch New Delhi – The State of Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Delhi and The Union Territories of Chandigarh, Jammu and Kashmir and Ladakh.
4. Patent office Branch Kolkata – The rest of India.

Designs:

The application for a registration of a design can be filled at the Office at Kolkata and its branch offices at New Delhi, Mumbai and Chennai.

AMENDMENT RULE 2021

These rules may be called Patent (Amendment) Rule, 2021. In this rule (2), (7), (24 C) and in the Principal Rule, for Table I the FIRST SCHEDULED, in the SECOND SCHEDULED, in form 18 A in paragraph (3), in the SECOND SCHEDULED, in form 18 A, in paragraph (4), after sub-paragraph (j), and the SECOND SCHEDULED, in form 28, in paragraph 2, after sub-paragraph(ii), shall be substituted.

Reference 

1. The office of the Controller General of Patents, Designs and Trade Marks Department for Promotion of Industry and Internal Trade Minister of Commerce and Industry Government of India.
2. https://ipindia.gov.in/writereaddata/Portal/Images/pdf/patent_2nd_Amendment_Rule_2020_pdf
3. https://ipindia.gov.in/writereaddata/Portal/Images/pdf/Draft_amendment_Rule_2021_Published_in_Gazette_of_India.pdf