(Group- 6)

THE PATENTS ACT, 1970

An act to amend and consolidate the law relating to patents.

Introduction to Intellectual Property (Ip)

IP is internationally recognized as covering

Patents
Industrial Designs
Industrial Property Copyright
Trade Marks Know-how and Confidential Information

Scope of IP developing fast. Therefore they seek protection under the umbrella of IP rights-
The scope of IP relates to following topics :
Nature of the Property
Mode of its Acquisition
Nature of Rights conferred
Commercial Exploitation of those rights
Enforcement of those rights
Remedies against infringement of those rights

BASIC CONCEPTS OF IP LAW

1) Patent Law - Novelty and Inventive Step
2) Design Law - Novelty and Originality
3) Trade Mark Law - Distinctiveness and Similarity of Marks and goods
4) Copyright - Originality and Reproduction

SALIENT FEATURES OF THE PATENTS ACT, 1970

An Act to amend and consolidate the Law relating to Patents.

1) The Indian Patents and Designs Act, 1911.

2) Patents Enquiry Committee - Report in 1950 - Patents Bill, 1953
-Lapsed with dissolution of 1st Lok Sabha - based on United Kingdom Patents Act,
1949
3) The Patents Bill, 1965 - Sri. Justice N. Rajagopala Ayyangar Report,1959 - Joint
Committee of Parliament - Lapsed on dissolution of 3rdLok Sabha
4) The Patents Act, 1970 - from 20.04.1972
5) 1999 Amendment - To keep it in tune with trade related aspects
of Intellectual Property rights (Trips) entered into by WTO and to
provide for Public Interest, National Security, Bio-diversity, Traditional Knowledge,
Procedure for grant of Patents.

Example:

1) 2407/DELNP/2006 - Methods of Enhancing Stress Tolerance in plants and methods

thereof.
Essential biological process of regeneration and selection
A method of producing a transgenic plant, with increasing heat tolerance, salt tolerance or
drought tolerance
Coastal farmers - salt resistant varieties.
Bihar and Bengal farmers - flood resistant varieties,
Rajasthan and the semi-arid Deccan - drought resistant varieties,
Himalayan farmers - frost resistant varieties.
New biotechnology processes are not technically considered essentially biological.

2) Pen with Scanner

With a machine as small as a pen, you can transfer text from paper directly into a computer.
Christer Fhraeus invented the C-pen.
Modern highlighter
When you drag the so called C-pen over the text, it stores and deciphers letters, numbers or
figures. The C-pen works by registering images which overlap each other and then fits them
together into one single image. The pen can be used as a highlighter where chosen parts of a
text can easily be transferred to a computer for example.

3) Rubber shoes for horses health

For over a thousand years, horses have been shod in iron shoes. But today some are walking
around in rubber shoes, thanks to Lone Pedersen.
Horseshoe made out of tractor tyres
She tested this on her own by cutting horseshoes out of old tractor tyres. In 1993, Lone
Pedersen applied for a patent for her invention. According to the patent, the horseshoe should
be made out of steel covered in plastic or rubber.