INTELLECTUAL PROPERTY The property developed by brain
Download
Report
Transcript INTELLECTUAL PROPERTY The property developed by brain
WELCOME TO ALL DELEGATES
Views on Patents
in India
By
N.Ramchander,
EXAMINER OF PATENTS AND DESIGNS
Patent Office, Mumbai
Govt. of India
HISTORY OF INDIAN PATENT SYSTEM
1856
THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852.
CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD
OF 14 YEARS.
1859
THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING.
SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM
DATE OF FILING SPECIFICATION).
1872
THE PATENTS & DESIGNS PROTECTION ACT.
1883
THE PROTECTION OF INVENTIONS ACT.
1888
CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT.
1911
THE INDIAN PATENTS & DESIGNS ACT.
1972
THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972.
1999
ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995.
2002
THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003
2005
ON 1ST JANUARY 2005, THIS AMENDEMNET HAS REPLACED THE EARLIER PATENTS ( Amendment )
Trends towards globalization
The revival of the Indian Economy and globalization of markets
have thrown open a new market,
¨
¨
Emerged opportunities in the IPR field (developed nations
have generated wealth from IPR over last several decades), now the new
patent regime has become a strong driving force to transform India into
an IP superpower as technological innovation by healthy IPR protection,
and the strong patent regime is a key driving force for FDI in India.,
therefore the 3rd Amendments to the Patent Act 1970, introduced product
patenting in pharmaceuticals, food and chemicals effective from 1st
January, 2005, which rationalized and reduced the time line for processing
of patent applications, and less time consuming in grant of a patents
creation of international standard infrastructure supported the effective
maneuver of the set targets.
HIGH LIGHTS OF THE PATENTS (AMENDMENT ) ACT,2005
•
•
•
•
•
•
New definitions added, such as on Budapest treaty, opposition Board,
new invention and inventive step, etc,
Section 3(d) modified to exclude patentability of mere discovery of a
new form of a known substance,
Section 5 omitted, product patent on chemicals, food drugs or
agrochemicals become available, one of the main provision for which
these amendments were necessary under the TRIPS Agreement,
Section 7 modified clarify the filling date of a national phase
application through PCT route,
Under Section 10 (4) (ii) reference of Budapest Treaty given for
depositing of biological materials in an international depository
authority,
An applicants request publication of application at any time but before
18 months permitted (this opens up possibility for early examination
and early grant)
HIGH LIGHTS OF THE PATENTS (AMENDMENT ) ACT,2005
•
•
•
•
•
•
•
•
Chapter 1V (Section 24 A to 24 F) relating to EMR omitted,
Pre-grant opposition can be lodged after the publication under Section
25(1),
Post-grant opposition possible upto one year from the date of grant
Under Section 39 further modified to require permission for its filing
abroad for all kinds of inventions,
Provision of Sealing removed, patents would be granted directly if
found in order,
Notification / Advertisement in the Gazette replaced by publication in
Official Journal,
Passing qualifying examination for registration as patent agents for the
advocates also has become necessary,
Scope of convention countries modified when group of countries union
of countries or inter – governmental organisation included,
Trend of patent applications in India.
• Yearly trend in patent applications
1999-2000
2000-2001
2001-2002
2002-2003
2003-2004 2004-2005
Filed
4824
8503
10592
11466
12613
17466
Examind
2824
4264
5104
9538
10709
14814
Granted
1881
1318
1591
1379
2469
1911
The number of applications for the patents filed in 2004 – 2005
were 17466 is about 28% increases over 2003 – 2004 (12613)
Patent applications classified according to state of origin for the year
2003-2004 and 2004 –05.
•
State/UT
No.of Ordinary
No.of Convention
Applications
Applications
2004-05
2003-04
2004-05 2003-04
No.of NP
Applications
2004-05 2003-04
•
MH
1093
921
24
8
170
-
•
Delhi
935
795
-
-
168
-
•
TN
397
330
-
-
-
-
•
WB
131
154
--
-
-
•
GUJ
179
289
-
1
-
-
•
KK
216
180
-
-
-
-
•
Kerala
79
88
-
-
-
-
Patent applications classified according to state of origin for the year
2003-2004 and 2004 –05.
State/UT No. of Ordinary No. of Convention
No. of NP
Applications
Applications
Applications
2004-05 2003-04
•
•
•
•
•
•
•
•
•
UP
72
Haryana 48
AP
254
MP
45
Bihar
41
Punjab 27
Rajastan 28
Orissa 12
Assam
6
126
45
222
29
9
27
28
3
9
2004-05 2003-04
2
9
-
-
2004-05
3
3
1
-
2003-04
-
Patent applications classified according to state of origin
for the year 2003-2004 and 2004 –05.
•
State/UT
•
•
•
•
•
•
•
•
•
•
•
•
Goa
2
5
Pondichery 8
2
HP
8
9
J&K
3
Chandigar 9
7
Jharkhand 3
21
Meghalaya Uttarakhand 8
UT Daman 4
Chattisgarh 5
4
Total
3630 3218
No. of Ordinary
Applications
2004-05 2003-04
No. of Convention
Applications
2004-05 2003-04
26
9
No. of NP
Applications
2004-05 2003-04
345
-
NUMBER OF PATENT APPLICATIONS FILED DURING LAST FIVE
YEARS FROM 2000-01 TO 2004-2005 UNDER VARIOUS FIELDS OF
INVENTIONS
2000-01
•
•
•
•
•
•
•
•
•
Chemical
787
Drug
883
Food
96
Electrical
921
Mechanical 1106
Comp/Electro Biotech
4
General
546
Total4339
4241
2001-02 2002-03 2003-04 2004-05
778
879
110
731
1174
--2
569
4416
776
966
119
690
1257
46
562
12613
2952
2525
123
2125
2717
23
2148
17466
• Excluding PCT National Phase Applications
3916
2316
190
1079
3304
2787
1214
2659
COMPARATIVE TREND OF PATENTS GRANTED FROM
1995 TO 2005.
•
1995- 1996- 1997- 1998- 1999- 2000- 2001- 2002- 2003- 20041996 1997 1998 1999 2000 2001 2002 2003 2004 2005.
Patents
1533
907
1844
1800
1881
1318
1591
1379
2469
1911
FILED
AS
NATIONAL
PHASE
APPLICATIONS THROUGH PCT ROUTE IN
INDIA DURING THE YEAR 2000-2001 TO 20042005.
USA (4053)
Germany (1292)
France (671)
Japan(626)
Netherlands(520)
Switzerland(383
UK (370)
Sweden(287)
Australia (280)
Italy (169)
Denmark (112)
Korea (243)
Israel (133)
Canada (241)
Finland (121)
Norway(55)
Belgium (64)
Austria (52) etc,
THE APPLICATIONS UNDER SECTION 5(2) FOR
DRUGS/PHARMACEUTICALS & AGROCHEMICALS –
MAIL BOX CATEGORY,
Under the provision of section 5(2)
introduced with effect from 1st January 1995
till 31st December 2004 i.e just before the
removal of that provision under the present
law, altogether 8926 applications were
received. Said 8926 applications constituted of
3770 through PCT National phase route.
Further out of the said total of 8926
applications 973 were in respect of
agrochemicals and rest were from drugs and
pharmaceuticals.
PCT INTERNATIONAL APPLICATIONS
India joined the Patent Cooperation Treaty on 7th December 1998
Statistics of filling PCT international applications for the last five
years are given
Year
2000-01
individual
45
legal entity
Total
129
174
2001-02
49
189
238
2002-03
57
227
284
2003-04
102
328
430
2004-05
105
351
456
Major contributions for the PCT international applications during this were CSIR,
Sun Pharma, Jubiliant Organosys Ltd.,
TREND OF INVENTIONS,
Under
different categories of inventions following trend has been
noticed on the subjects of inventions as follow:
Chemicals & Chemical Technology
Inventions in this field comprised both organic & inorganic
compounds of various uses, gel compositions, epoxy resins,
fine chemicals and their intermediates, lubricants, fuel oil &
detergents.
DRUGS
A)
PHARMCEUTICALS
Invention In this category mainly focused
on treatment of central nervous system
disorder,
immunalogical
disorders,
enantiomerically
pure
compounds,
resolution of mor effective form of
molecules,
cancer
therapies,
herbal
composition of viral hepatitis antiviral
agent
plant
composition,
injectable
formulations,
skin
treatment
and
antimalarial composition etc.,
2) AGROCHEMICALS
In this inventions were related
to organic fertilizers, synthetic
herbicidal
compositions,
pyrethroid
and
organophosphorous
insecticides,
herbicides based on substituted
keoenols and safeners.
POLYMERS ,
Inventions in this field mainly relates to
high friction polyurethane, elastomers
having improved abrasion resistant,
elastic thermoplastic graft, plastic
thermoplastic graft , polyester carbonate,
cellulose fibre, polyester films, rubber
compositions & blends, foam , acryl
containing polymer for marine coating
and separation of polymers from solvent.
FOOD
Number of inventions in this
field was very limited. Trend
observed mainly on preparation
of beverages concentrate based on
fructo-oligosaccharides, beverages
from red beet, custard apple
powder, tomato flakes, flavouring
agent
BIOTECHNOLOGY
Though inventions in this field were mostly of the foreign origin but
there was considerable increase in Indian applications. Inventions were
mostly in the field of recombinant DNA molecule, recombinant vaccine,
monoclonal antibodies, and recombinant therapeutic molecules,
diagnostic kits, stem cells, recombinant vectors, bioleaching, biotrans
formation, biological treatment os waste, gene and somatic cell therapy,
pluripotent stem cells derived from regenerative tissue, recombinant
microbes expressing chimeric HIV protein, regulation of cell mediated
immune response, recombinant interleukin IL – 18 inhibitors, plastid
transformation vectors, biological treatment of waste water, conjugate
vaccine against cholera and tetanus, peptide based immunotherapy for
atherosclerosis mixed cell gene therapy, bone regeneration by gene
therapy etc.,
MECHANICAL ENGINEERING
Most of the invention in this field were of foreign origin
which were mainly related to hermetic compressor, suction
muffler for compressor, reciprocating compressor, scooter
type vehicle, cylinder head for internal combustion engine,
transmission system, ignition system, cutting insert absorption
refrigerator, augmenter pilot nozzle, rolling mill, biomass
gasification system etc.,
On the other hand indigenous inventions were mainly related
to CFBC boiler, stoker fired boiler, heat recovery steam
generator, backward aerofoil bladed fan, split type hydrogenerator, transonic blade, turbo generator etc.
ELECTRONICS
Inventions in this field were particularly
related to improved emitter turn- off
thyristors and their drive circuits, electron
field emitter and compositions related
thereto, light-emitting device including
semiconductor nanocrystals, radio ripple
control system and method for the operation
of such system, logic device with reduced
leakage current, electron light emitting road
stud, etc,
COMPUTER
Applications were filed in the following
areas of data storage media, data processing
apparatus, map decoder and decoding
method, secure transfer system for exchange
of information, data and mail between public
and private networks, method apparatus and
program products for wireless access points,
system and method for checking digital
certificate status etc,
THANKS TO ALL