Patent Law

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Patent Law by Mind Map: Patent Law

1. TRIPS Agreement by introducing the concept of inventive steps.

2. 2003, Term of patent was extended from 14 to 20 years

3. The Patents Act 1970 -Justice N. Rajagopalan

4. Drugs, medicines, food and chemicals.

5. Trade Related Intellectual Property Rights (TRIPS) system

6. What is Invention?

6.1. "New invention" means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.

6.2. Entire Act refers to the word invention and not new invention. Therefore, for all purposes relative novelty is the criterion.

6.3. The landmark decision of Calcutta High Court on the process of production of Bursitis virus containing vaccine (Dimminaco AG vs Controller of Patents, 2002) changed the practice and now the definition of invention is interpreted keeping in mind the term ‘industrial application’ as under section 2(1)(j).

6.4. Inventive Steps

6.4.1. "Inventive step means a feature of an invention that involves technical advance as compare to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art."

6.4.2. Capable of industrial application

6.4.3. Technical advance

6.5. Not for Patent

6.5.1. Ideas which are frivolous or contrary to well established natural laws.

6.5.2. New methods against accepted norms of a culture in a society

6.5.3. Discovery of any living thing or non-living substances occurring in nature

6.5.4. Mere discovery of a new form of a known substance

6.5.5. Not for Patentable but..

6.5.5.1. Processes for medical, surgical, curative, prophylactic, diagnostic, therapeutic, or other treatment of human beings or animals or plants that would render them free of disease or to increase their economic value.

6.5.5.2. Clones and new variety of plants are not patentable. But process/method of preparing genetically modified organisms is patentable subject matter

6.5.5.3. Computer programs, a mathematical method or a business method or algorithms. But if it is hardware included it is patentable.

6.5.5.4. Literary, dramatic, musical or artistic work or any other aesthetic creations including cinematographic works and television productions are not patentable as they are covered under the copyrights, design and entertainment laws.

6.5.5.4.1. Who Can File A Patent Application?

6.5.5.5. An invention falling within the scope of traditional knowledge such as the use of herbal medicines.

6.5.5.6. Presentation of information