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A Patent is a monopoly right
granted to person who has invented a new and useful article or an improvement
of an existing article or a new process of making an article.
Inventions patentable :-
Art,
process, method or manner of manufacture;
Machine, apparatus or other article;
Substance produced by manufacture.
Inventions not patentable :-
Frivolous
or obvious inventions.
Inventions which would be contrary to law or morality or injurious to
public health.
Mere discovery of scientific principle.
Mere discovery of an abstract theory.
Mere discovery of any new property or new use for a known substance or
process or apparatus -- unless results to new products or employs one
new reactant.
Mere admixtures.
Mere arrangement / rearrangement of known devices functioning independently.
Method or process of testing applicable during the process of manufacture
for rendering the machine or other equipment more efficient for improvement
/ restoration of the existing machine or for the improvement of manufacture.
Method of agriculture or horticulture.
Any process for the medicinal or other treatment of human beings or any
process for a similar treatments of any animals or plants to render them
free of disease or to increase their economic value or that of their products.
Inventions relating to atomic energy
Section 5 :-
Inventions
where only methods or processes of manufacture are patentable :
1
In the case of inventions -
(a)
Claiming substances intended for use, or capable of being used, as food
or as medicine or drug, or
(b)
Relating to substances prepared or produced by chemical processes ( including
alloys, optical glass, semi-conductors and inter-metallic compounds ),
No patent shall be granted in respect of claims for the substances themselves,
but claims for the methods or processes of manufacture shall be patentable.
2
Notwithstanding anything contained in sub-section (1), a claim for patent
of an invention for a substance itself intended for use, or capable of
being used, as medicine or drug, except the medicine or drug specified
under sub-clause (v) of clause (1) of sub-section (1) of section 2, may
be made and shall be dealt, without prejudice to the other provisions
of this act, in the manner provided in chapter IV -a i.e., the controller
shall not refer the application to an examiner for making a report till
the 31st day of december, 2004.
Requirements for filing the patent in india :-
Full
name, address & nationality of applicant (s) and inventor (s).
Specification , provisional / complete drawings , claims and abstract.
List of countries to claim priority , if any, where the application /
applications for the grant of patent has / have been filed , alongwith
date and application number.
Power of attorney
Procedure for the grant of patent:-
The
application is examined by patent office and objections, if any, are raised
thereto.
The specification is advertised after the objections, if any, are removed
to the satisfaction of the patent office.
The patent is sealed if there is no opposition by the third party within
a period of 4 months of advertisement.
After sealing of the patent the certificate is issued by the patent office.
Renewal:-
The patent is renewed every year from the date of patent.
Term
of patents:-
20 years
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