4a) What is patent of addition under patent law?

Ans: Patents of addition: 1) Subject to the provisions contained in this section, where an application is made for a
patent in respect of any improvement in or modification of an invention described or
disclosed in the complete specification filed therefor (in this Act referred to as the main
invention) and the applicant also applies or has applied for a patent for that invention or
is the patentee in respect thereof, the Controller may, if the applicant so requests, grant
the patent for the improvement or modification as a patent of addition.
2) Subject to the provisions contained in this section, where an invention, being an
improvement in or modification of another invention, is the subject of an independent
patent and the patentee in respect of that patent is also the patentee in respect of the
patent for the main invention, the Controller may, if the patentee so requests, by order,
revoke the patent for the improvement or modification and grant to the patentee a patent
of addition in respect thereof, bearing the same date as the date of the patent so revoked.
3) A patent shall not be granted as a patent of addition unless the date of filing of the
application was the same as or later than the date of filing of the application in respect of
the main invention.
4) A patent of addition shall not be granted before the grant of the patent for the main
invention.
4b) On what grounds a patent can be revoked under patent act?
Ans:- 1) Revocation before High Court or Appellate Board (under section 64):a) Any person interested or the Central Government may make a petition on any of the
grounds, specified for revocation of Patent under Section 64 of the Patents Act, before the
Appellate Board. A Patent may also be revoked by the High Court on a counter-claim in a
suit for infringement of patent.
b) Grounds for revocation before the Appellate Board as well as the High Court are
elaborated in Section 64.
c) Without prejudice to the provisions contained in (a) above, a patent may be revoked
by the High Court on the petition of the Central Government, if the High Court is satisfied
that the patentee has without reasonable cause failed to comply with the request of the
Central Government to make, use or exercise the patented invention for the purposes of
government within the meaning of Section 99 upon reasonable terms.
2)Revocation by Controller on direction of Central Government(under section 65):a) Where at any time after grant of a patent, the Central Government is satisfied that a
patent is for an invention relating to atomic energy for which no patent can be granted
under sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962), it may
direct the Controller to revoke the patent, and thereupon the Controller, after giving

notice, to the patentee and every other person whose name has been entered in the
register as having an interest in the patent, and after giving them an opportunity of being
heard, may revoke the patent.
b) In such proceedings, the Controller may allow the patentee to amend the complete
specification in such manner as he considers necessary instead of revoking the patent.
3) Revocation by Central Government (under section 66):Where the Central Government is of opinion that a patent or the mode in which it is
exercised is mischievous to the State or generally prejudicial to the public, it may, after
giving the patentee an opportunity to be heard, make a declaration to that effect in the
Official Gazette and thereupon the patent shall be deemed to be revoked.
4) Revocation by Controller for non-working (under section 85):a) Where, in respect of a patent, a compulsory licence has been granted, the Central
Government or any person interested may, apply to the Controller for an order revoking
the patent on the ground:
i) that the patented invention has not been worked in the territory of India, or
ii) that reasonable requirements of the public with respect to the patented invention
have not been satisfied, or
iii) that the patented invention is not available to the public at a reasonably affordable
price.
b) Such an application can be made only after the expiration of two years from the
date of the order granting the first compulsory licence.
c) Such an application shall contain such particulars as may be prescribed, the facts
upon which the application is based, and, in the case of an application other than the one
made by the Central Government, it shall also set out the nature of the applicant's
interest.
d) Such applications shall ordinarily be decided within one year from the date of
presentation to the Controller.
4c) What are the components of a complete specifications under patents act?
Ans:- Complete Specification
The Complete Specification is a techno-legal document which fully and particularly
describes the invention and discloses the best method of performing the invention.
As the Complete Specification is an extremely important document in the patent
proceedings it is advised that it should be drafted with utmost care without any ambiguity.
The important elements of the Complete Specification are further discussed below.
Every complete specification shall:
a) fully and particularly describe the invention and its operation or use and the method
by which it is performed;

b)

disclose the best method of performing the invention which is known to the
applicant for which he is entitled to claim protection;
c)
end with a claim or set of claims defining the scope of the invention for which the
protection is claimed;
d) make reference to deposit of the biological material in the international depository
authority, if applicable; and
e)
be accompanied by an abstract.

2b) Explain the concept of evergreening of patents.

Ans:- Patent is a monopoly right given for a limited period to an inventor in return of
his disclosure of an invention that is new, useful and non-obvious product or process.
In India patents are granted for a maximum term of 20 years (provided it is
maintained by paying yearly fees).
After the expiry the patent, the invention is free for use, manufacture, sell or import.
However, there are patentees (mostly pharmaceutical companies) who attempt to
extend this monopoly right beyond the period of 20 years. When the term of patent is about
to end these companies make trivial /insignificant variations to the existing patented
invention and files for new patent, thus extending their monopoly. This is called
evergreening of patent.
In many cases, generic products are available in the market once the patent expires.
With these generic products from different companies, a competition in the market sets in.
This results in lowering of price of the product.
Evergreening of patents do not allow the price of a product coming down due to
extension of monopoly of the patentee.
In India, section 3(d) of the Patent Act, 1970 do not allow
-mere discovery of a new form of a known substance (without enhanced efficacy) or
-mere discovery of any new property for a known substance or
-mere discovery of new use for a known substance or
-discovery of mere use of a known process, machine or apparatus.
This is a section incorporated in The Patent Act to initiate resistance to evergreening
of patents. Thus, evergreening of patents are not be easy in India (in contrast to many
other countries).
This brings in a relief for poor patients who depend on life saving drugs. It also helps
in keeping the price of essential drugs within the reach of common people.
2a) Explain the process for patent and product patent
Ans:- Product patent and process patent:-

A patent is defined as a statutory privilege granted by the government to inventors,

and to other persons deriving their rights from the inventor, for fixed years, to exclude
other persons from manufacturing, using or selling a patented product or process. Hence
a patent can be for a process or for a product.
There is strict divergence between product and process patent regimes. The developed
countries follow product patent system. On the other, process patent system is preferred by
the developing world. The two systems are known for their different levels of protection to
inventors.
Under a process patent, the patent is granted for a particular manufacturing process,
and not for the product itself. Any other person can produce the same product through
some other PROCESS, modifying the various parameters. The implication is that there
will be more than one producer for the same product because of the possibility of different
process for the manufacturing of the product.
Weakness of the process patent regime is that it gives less protection for the inventor.
There is high tendency for competitors to reengineer the original invention by discovering
a new process with less strain and investment. Benefit of process patent regime is that it
reduces the element of monopoly.
In the case of product patent, it is an exclusive right given to the original inventor of
a product. This means that no other manufacturer can provide the same product through
the same or any other process. The implication is that there will not be a competitor for
the producer as it is the product which is patented. Product patent system gives higher
level of protection to the inventor as there will not be any other patent holder. TRIPs
follow the product patent regime.
Indias 1970 Patent Act allowed only process patent before it was amended in 2005 to
comply with WTOs TRIPs provisions under which there is only product patents.