Truth about GMO

History

In 1957, Govt. From India appointed Justice N. Rajagopala Ayyangar examine and review of the patent law in India, and its September 1959 report recommended maintaining the patent system, despite the shortcomings. The patent Bill, 1965 based mainly on his recommendations with a few changes, especially in terms of patents for food, drugs, pharmaceuticals, was introduced in the Lower House of Parliament on 21 September 1965. The bill was approved by Parliament and the Patents Act 1970 came into force on 20 April 1972 along with patent Rules 1972. This law was capable of changing political and economic situation needed impetus to the technological development through the promotion of innovative activity in the country.

Uruguay round of GATT negotiations paved the way for the WTO. Therefore, India was under the obligation to amend its patents act in accordance with the provisions of the TRIPS Agreement. India had the first set of requirements for the 1 - 1-1995. This was a pipeline to protect the country begins the product patent. It came to force on 26 March 1999 retroactively from 1.1.1995. It contains the rules for the filing of an application for product patents in the field of drugs or drugs with effect from 01.01.1995 and granting of exclusive marketing rights to these patents products.

India changed its law in 2002, again at a meeting with the second set of obligations (Term of patents, etc.), which had to be carried from 1-1-2000. This change, for the 20-year term of the patent, reversal of the burden of proof, etc. came into force on 20 May 2003. The third amendment to the Patents Act 1970, by way of the Patents (Amendment) Ordinance 2004 came into force on 1 January 2005, the provisions for the granting of product patents in all areas of technology, including the chemical, food, medicines and agro-chemicals, and this regulation Receives Patent (Amendment) Act 2005, which are now in force, with effect from 1-1 -- 2005 .

BRANCH IN PATENT APPLICATION OF INDIA

Patent system in India is under the ultimate supervision of the Controller General of patents, designs, trademarks and geographical Indications.

The Office of the Controller General functions under the Department of Industrial Policy and Public Relations, Ministry of Trade and Industry. There are four patent offices in India. The company's headquarters is located in Kolkata and other patent offices are located in Delhi, Mumbai and Chennai. The Controller-General to delegate his powers Sr. joint controller, Joint Controller, Deputy Controller and Assistant Controller. Examiner of patents in each office, their obligations under the direction of the Controllers.

Hierarchy Officers in the patent-office

Controller General patents, designs, trademarks and GI
auditor of the Patents and Designs
Assistant Controller of Patents & Designs
Deputy Controller of Patents & Designs
Joint Controller of Patents & Designs
Joint Senior Controller Patent & Designs

Patentable inventions:

A patent can be granted for an invention, which may be associated with any procedure or product. The word "invention" is defined under the Patents Act 1970, as amended from time to time.

"An invention, a new product or process involving an inventive step and capable of industrial application" (p. 2 (1 ) (j))

"new invention" is defined as an invention or technology that has not been anticipated by publication in the same document or in the country or elsewhere in the world before the date of filing of patent application with complete specification, ie the The subject has not fallen public domain or that it is not part of the state of the art, where, Capable of industrial application, in relation to an invention, it means that the invention is capable of, or in a industry

(S .2 (1) (ac)) Therefore, the criteria for an invention to be patentable,
(1) An invention must be novel
(2) has an inventive step and
(3) is in a position to application

To industry can be patented, an invention should fall within the scope of patentable subject of the meaning of the patent statute. The invention must be on a machine, article or substance caused by the manufacture or process of manufacture of an article. A patent can also be used for the improvement of an article or a process of manufacture. With regard to the medicine or drug consumption and certain classes of chemicals no patent is granted for the product itself, even when new, only the process of manufacture of the substance is patentable. However, product patents for drugs and food materials from India in 2005 the obligations under the TRIPS Agreement would kick in this point of time. When a substance is not in the scope of patentable subject, it can not patentable.

NOT PATENTABLE INVENTIONS

There are some products and processes, which are not patentable in India, they are divided into two categories in the patent act

a) Those who are not inventions (S. 3)
B) the invention in the context of atomic energy (p.4)
Various types of non-patentable inventions under � 3 are as follows-3 (a) An invention, which is frivolous or demands, obviously not prevent the incumbent to natural laws.

Merely, in one piece, articles, the first in two or more parts is frivolous. Mere usefulness is not sufficient (Indian vacuum brake co. Ltd vs Laurd (AUR 1962 CAK 152) .

Perpetual Motion Machine allegedly issuing without typing is not patentable because it is contrary to natural law.

3 (b) An invention, the primary or intended use or commercial exploitation of which could be contrary to public order or morality or the causes serious prejudice to human, animal or plant life or health or environment

3 (c) the mere discovery of a scientific principle or the An abstract formulation of theory or discovery of a living thing or non-living substances occurring in nature;

3 (d) the mere discovery of a new form of a known substance which does not result in the improvement of the effectiveness known that the substance or the mere discovery of a new property or a new use for a known substance or the mere use of a known process, machine or apparatus known process, unless this results in a new product or employs at least one new reactant.

Explanation - For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, Grae, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance is considered to be the same substance, unless they differ significantly in terms of the properties with Efficacy.

[Note: Prior to the amendment of section 3 (d) of the Patents (Amendments) Ordinance 2004 reads it as a "mere discovery of a new property or a new use for a known substance or the mere use of a known process, machine or apparatus "The insertion of the word" only "before" for the new use of a known substance "in this clause by the Patents (Amendment) Ordinance 2004, is for the purpose of clarity only as a draw without it the sub-section would have remained ambiguous. This does not restrict the nonpatentability and give rise to confusion and possible abuse. There is no need for graere importance.]

3 (e) A substance that is a mere Additional resulting only in the aggregation of the properties of the components thereof, or a process for the production of such material:

3 (f) The mere agreement or re-regulation or reproduction of any known independently functioning devices in a known way.

3 (h) A method of agriculture or horticulture. (I) A method for producing a new form of a well-known work, though with a change in the conditions under which natural phenomena would be their inevitable course not patentable. (NV Philips Gloeiammpenfabrieken ' Application of 71 RFC 192),

3 (i) Any process for the medical, surgical, therapeutic, diagnostic or therapeutic prophylactic treatment of other people or for a similar treatment of animals that they are free of disease or to increase their economic and their importance products.

Plants and animals in whole or part thereof as other micro-organisms, but also seeds, varieties and species and essentially biological processes for the manufacture or distribution of plants and animals; example, clones and new variety of plants are not patentable. Aber process /method of preparation Genetically modified organisms are patentable subject .

3 (M) A simple rule or a rule or a method for mental act or method of game play;

3 (n) A presentation of information

3 (o) of the topography integrated circuits;

INVENTIONS CONNECTION WITH ATOMIC ENERGY (p.4)

"No patent is granted in respect of any invention in the context of Atomic Energy paragraph (1) of section 20 of the Atomic Energy Act, 1962

Various types of patent applications in the India

1. Ordinary
2. Convention application
3. PCT international application
4 PCT National Phase
5. patent for the application of addition
6th Divisional Application

Procedural requirements

An patent application in the prescribed form together with the prescribed fee must be appropriate Patent Office. examiner of patents examine the application accompanied by a specification, so that it satisfies the requirements. afternoon examination, the Patent Office will raise objections if the applicant and convinced the Controller of Patents, the specification in the Official Journal and on its adoption without controversy, a patent is granted.

A patent grant procedure gives the patent holder the exclusive right to make or use of the patented item or the use of the patented process by the other, or with the help of the patented article or with the patented process. patent holder can assign, licenses or for the management consideration.

The patent application goes through the following phases:

FILING

An application for a patent can be applied, by the true and first inventor. It can also lead to the file by the statutory representatives or legal successor to the inventor. If an application by the creditors, a proof of the assignment must together with the application. applicant can country.

Form of any national Application

Every the application is accompanied by a full or provisional specification. Preliminary applications are in the rule applied to a time when some experiments needed to perfect invention.

Filing a preliminary specification allows the applicant is an early registration date.

Provisional specification shall contain:

a. title,
b. Written description,
c. drawings, if necessary and
d. model, if required.

The complete specification must contain the following information:

a. Title, Abstract
b., c.
Written description,
d. drawings (if necessary),
E. model (if required by the auditors),
f. enablement and best mode,
vs. casualty and
h. Deposit (micro-organisms )

Priority Date

Priority date is the date of first filing with the Patent Office assigned to an application. If a provisional application is followed by a complete application, the priority date is date of the filing of the provisional application. if an Indian application for a foreign or PCT application, the priority date is the date of filing of the foreign or PCT application. If an application is available in two applications, the priority filing date is the parent company application.

Priority date is the date of reference adopted by the patent - to determine the novelty of the invention. if the claimed invention is part of public knowledge prior to the priority date, it will not be necessary for a patent. accordance with US law, priority is to the back to the time of conception for the determination of novelty and non-obviousness.

Place the Filing

Patent application can be filed at any of the four patent offices in India. patent offices are located in Calcutta, New Delhi, Chennai and Mumbai.

Documents be submitted at the time of filing of the following documents will be submitted in time For the filing of a patent application:

Form 1 - Application for the grant of the patent.
Form 2 - or Complete Preliminary Specification.
form 3 - declaration and commitment of the applicant.
Form 5 - statement to Inventor statement.
Form 26 - Authorization of patent agent or another person.

Priority document details on the documents for a convention application.

PUBLICATION

A patent application will be published after a period of eighteen months from the priority date. past, it can be published if such a request made by the applicant. The application is not published if directions are for the secrecy until the term expires for the senses. It will not be published if the application is withdrawn three months before the publication date on .

publication specification, including drawings and deposits will be open for public inspection. rights of the patent holder begin from the date of publication, but can not be enforced until after the patent grant.

EXAMINATION

1. Request for Examination

The process begins with the examination of an application for examination. The application must be made within 36 months from the date of priority or registration. However, if secrecy were directions for the application, the application may be six months after arrival are revoked or thirty six months from the priority date of the application or, if that date is to later.

2 . Examination

On receipt of the application, the controller directs the patent application to the examiner for the examination. To start with, the examiner makes a formal review by the verification of the correctness and Rechtmaigkeit all documents in the application. Later, he examines the patentability of the application. patentability The analysis includes all patentability requirements.

After confirmed that the application falls within the scope of patentable subject, the examiner will perform a prior art search to check if there art that is expected of the claimed invention. prior art search after expectancy includes searching for anticipation by publication, the submission of the complete specification, etc. It verifies the existence of the inventive step, industrial applications, and enablement, and best mode.

The auditor, the audit report within 1 month from the date of reference of controller, and the term may not exceed three months. If the audit report is negative, the controller sends a notice to the applicant and gives him a chance to correct and, if necessary, the possibility of hearing. The controller can ask the applicant to amend the application to continue. If the applicant does not make such changes, the application could rejected.

The controller has the power to divide the application after the date of filing, and replacement candidates who reject the request. An order of the division will be granted if the request more than an invention, and if it is necessary to separate applications for each invention. applications can be from the post for a period of six months, if the applicant. exchange of inventors usually happens when the inventor wrongly mentioned , or if a joint inventor was not mentioned in the application.

The controller has the power to reject the application if the applicant is not with his requirements.

OPPOSITION

1. pre - grant Opposition

Any person can be a contradiction for the granting of a patent after the application have been published. opposition procedure can be one of the following reasons: a. without compliance with the requirements for patentability. B. secrecy or Wrongful disclosure of genetic resources and traditional knowledge.

2. post-grant Opposition

Any person can be a contradiction within a period of twelve months after the grant of a patent. It can be based on the following reasons: a.
Wrongful acquisition of the invention by the inventor.
B. Publication of the claimed invention, the priority date.
C. sale or import of the invention, the priority date.
D. Public use or display of the invention.
E. The invention doesn 'T comply with the requirements of patentability.
F. disclosure of false information to patent.
G. application for the invention is not within twelve months from the date of application of the Convention.
H. unrechtmaige secrecy or disclosure of the biological source.
I. Invention is expected from the traditional knowledge.

3 . Opposition

On process of receiving a notice of opposition, which controls notify the patent holder. It is a contradiction boarding procedures to deal with the opposition. Opposition decides the questions after a reasonable opportunity for consultation with the two parties. board, the opposition could invalidate the patent, requires a change or maintain the status quo. If changes are necessary, they must be within the prescribed time limit to the patent.

E. GRANT

If the application meets all the requirements of the patent act, the application was in order for the award. An application for the issue, in order to be issued soon. A patent is granted in the Federal Gazette and will be open to public inspection. every patent granted to the filing. patent is valid throughout India. A patent gives the patent holder the exclusive right to make, use, sell, offer for sale and import the product or use the process. But the government can use the patent for its own purposes or for the distribution of an invention in connection with the medicine to hospitals and pharmacies. In addition, any person who the use of the patent or to experiment education.

Assignments

A patent holder can the whole or a part of the patent rights for the whole of India or any part thereof. There are three types of tasks: mapping legal, equitable allocation and mortgages. an assignment of an existing patent is a legal assignment, the assignee may be where his name as a patent holder. a certain share to a person other than an equitable allocation and a mortgage, if patent rights are fully or partially transferred to money.

Licenses

A patent holder can license, permit others to make, use, or the exercise, the invention that would otherwise not be allowed. license should be in writing and the conditions must be respected in the application with the controller. perhaps A licence in respect of the express or implied from in the circumstances. an exclusive license includes all other persons, including the patent holder from the use of the invention in a limited restriction on the license can contact person, time, place, the manufacture, use or sale.

Compulsory licensing and government leaders using inventions

Under certain circumstances, such as reasonable, if requirements are not met, a very high royalties noted, if a patent can not work without a patent or other related on the reporting of the central government, the controller can grant a license to any interested person .

The central or state government can be used for a purpose of its own patented inventions or all processes, either with or without royalty.

Revocation a patent

A patent can be revoked through different modes revocation in the public interest by the Government or in connection with nuclear energy by controller. A patent can be revoked, even for non-work. The High Court may revoke a patent for non-compliance with the requirements for the use of an invention or at the request of an interested person at various specified grounds.

A patent holder can always offer to renounce his patent through a message to the controller, after hearing the parties may revoke Patent.

Patent enforcement and patents

Infringement infringement of a patent is the violation of the exclusive rights of the patent holder. determination of the injury depends on the scope of exclusive rights of the patent holder, irrespective of whether the violator's actions amount to manufacture, use, sale or distribute a new product or method, and in fact, if the actions amount to a violation. burden of proof is on patent holder for the detection infringement.

Defenses

The defendant in a suit for infringement in May plead, one or more defenses. He can say that the patent owner is not entitled to because of injury or any injury. Either leave or express or implied license to use the invention not on infringement is not, if for some reason. acts in conjunction with the government, experiment, research, education and falls within the scope of the innocent violation or failure to pay renewal fee, or the date of the amendment of the specification is not the amount of injury. defendant can also be a counter-claim for revocation of patent.

Remedies

Injunctions as preventive relief to the patent holder. patent holders at the beginning of a negotiation, a request for injunction to restrict the infringer from continuing the infringement to prevent further losses. permanent arrangement is on the basis of the merits of the case at the end of the probationary period. A patent owner has the right to the relief of damages as compensation for the patent owner and the punishment not on the infringer. patent holder may also apply to the account of profits where it is, to use the invention and the amount of earnings from such illegal use.

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