SARTHAK GUPTA sarthak18079

INDIAN LAW INSTITUTE (Deemed University)

Assignment 3: Patent

Question 1: 1970.

Examine the concept of novelty under the Patent Act,

Answer: Novelty means what is new and original, never seen or done before. An invention is taken to be new if it does not form a part of the state-of-the-art. In order to be patentable, the new subject must involve invention over what is old. It is not essential that the invention should be anything complicated. It must merely be of such nature that it involves technical advance as compared to the existing knowledge. To be new in the patent sense, the novelty must be shown in the invention. It is not enough that the purpose is new or that there is novelty in the application, so that the article produced is in that sense new. There must be novelty in the mode of application.

Question 2: revocation?

Can a patent be revoked? What are the grounds for

Answer: A patent may be revoked by various modes. A patent may be revoked under the following grounds viz. revocation in public interest by the Central Government, revocation of patents relating to atomic energy by Controller, revocation by Controller for non-working of the patent, revocation by the High Court on petition for failure to comply with request of Central Government to use the invention and revocation by High Court on petition by a person interested.

A patentee may at any time offer to surrender his patent by giving notice to Controller, whom after hearing the parties may revoke the patent.

Question 3:

What is the significance of right of priority?

Answer: The date from which patent right is deemed to start is usually the date of filing of complete specification. A person can maintain the priority or the same date of filing in all the member countries and no one else in those countries can obtain the patent rights on a similar/identical invention from the same or a later date. The basic purpose of the right of priority is to safeguard, for limited period, interests of patent applicant in his endeavour to obtain international protection for his invention, thereby alleviating the negative consequences of principle of territoriality in patent law.

Question 4: What is specification? What are different kinds of specification? Explain the object and purpose of specification? Answer: A patent specification is a document describing the invention for which a patent is sought and setting out the scope of the protection of the patent. The part of the patent application that precedes the claims and in which the inventor specifies, describes, illustrates, and discloses the invention in detail. Object of invention should clearly reflect the advantages of the invention. Its purpose is to adequately and accurately describe the invention.

Question 5:

Write a note on Patent Cooperation Treaty (PCT).

Answer: It is a Global Protection Treaty administered by WIPO. It was concluded in 1970, amended in 1979, and modified in 1984 and 2001. It aims to provide a simplified and less costly method of preserving the rights to file a patent application in member countries. A patent application filed under the PCT is called an international application, or PCT application. India joined the PCT on December 7, 1998.