There exist a need for legal enactment for the product and process invention, Patent Act enacted as a country’s legislation which controls the uses of patents and matters connected with. Act called as the Patents Act, 1970 enacted by the Government of India in the Official Gazette and extends to whole of India. The Acts consists of 23 chapters and 163 Sections in brief, Section 3 of the Act specified certain inventions are not considered as inventions which are frivolous, invention intended for commercial exploitation and mere discovery of any living thing. There are certain inventions can be patentable they are inventions made only through the process or methods of manufacture be patentable, and inventions relating to atomic energy not patentable, atomic energy as described in Section 20 (1) of Atomic Energy Act, 1962. Person who was the true inventor or first inventor or his legal representative has the eligibility to make application for patents as specified in Section 6 and application for patent can be made for one invention only as prescribed in the patent office as specified on Section 7 and application for patent can be made outside India by single or jointly.
As laid in Section 11 and 12 of the Act, Every application for patent be published and examined at the patent office by the request of applicant or any other person. The Role of controller been wide in terms of dealing with matter regarding to application of patent, Controller has power to refuse or make requirement in the application and he can make orders to requisite division of applications and dating of applications as specified in Section 16 and 17. Sections 25 to 28 under Chapter V deals with the opposition to grant of patent, any person who aggrieved by the application of patent can make opposition to the Controller against the grant of patent, and by the request of application, controller can make notification of the name of the application who be the sole responsible of the invention. There are certain provision which relates to the secrecy of certain inventions as specified under Section 35, Controller restricts or prohibits the publication of Invention as the invention dealt for the defense purpose. And the secrecy directions provided under Section 35 shall be periodically reviewed as time limit fixed by the controller.
Controller has the right to grant or refuse patent as specified under Section 43, and amendment of patent granted to deceased applicant in case the inventor dies before the patent was granted. Grant of patent subjected to certain conditions as relating to the machine or process in respect of patent granted may be used for the purpose of Central Government or for their own use. Patent on whose behalf it been granted be called as the patentee and patentee has exclusive rights to prevent the third parties who offering or selling the process without his consent, and under Section 50, co-owners who has dividable interest in invention has the same sharing rights in the patents. Relating to the provisions of Act, term of grant of patent laid after the commencement of the Patents (Amendment) Act, 2002, the term of patent be twenty years from the date of application of patent. Any addition or modification can be made to the patents as specified in Section 54 and term of the patent be applied for the modified invention.
There shall be the Register of patents, register of patents be kept at the patent office as laid in Section 67, all the names address of grantees of patents be entered in the register of patents and no notices should be entered in the register and the controller not be affected by any such notices. Any assignment of patent or share in the patent not valid unless it is reduced to writing in the agreement. Register as specified in Section 72 be open to inspection by the public and any records as kept in floppies also kept for public access. Under Section 73, for the proper establishment of the Act Central Government appoints many examiners and other officers and controller of patents as specified under Section 3 be appointed for the proper purpose of the Act. There shall be the office established under Section 74 as patent office by constitution of head office and other branches by the Central Government for the proper functioning of patent process.
Controller under the patent Act holds the power as that of a Civil Court, in the matters of summoning, examining, oath and other matters relating to invention and patent. Appellate Board constituted under Section 116 of the Act as that of Board established under Section 83 of the Trade Marks Act, 1999 and exercise the power and functions conferred under the Act. No Court or any authority entitled to exercise any jurisdiction, powers in relation to the matter of procedure of application for rectification before Appellate Board. If any person contravenes any provision of Act or direction given under Section 35 and 39 or false entries in register be liable for punishable for extended term of two years. The Controller under Section125 of Act maintain a register called as register of patent agents, all the names address and other relevant particulars and persons qualified to have so as been entered under Section 126. All applications and communications made to the controller for the subscription verification be signed by the patent agent. India been a party to the convention agreement and patent be provided based on the convention countries as specified in Section 133. High and Central Government has the authority and power to make rules in relation to the provision of the Act and the rules which be made had to be replace by the Parliament of India.
by Priyadarshini Chandrasekar.
Read the Bare Act: The Patents Act, 1970