Patent Right Creation & Registration

Unit I

Background and Development: Patent and its importance; Theories of Protection; Importance of Patent; International Regime of Patents; Relevant provisions under WTO and TRIPS. Introduction: · Meaning of Patent; Patents & Traditional Knowledge; Bio-patents, software patents and Protection of traditional knowledge.

• Evolution of Patent law in India
• Trips Agreement, 1994
• GATT and WTO

Unit II

Grant of Patent: Features of Patent; Patent Specification; Who can obtain Patent? How to obtain Patent? Process of Registration of Patent. Rights and obligations of a patentee: Nature of patent rights; Duration of Patent; Limitation of the patentees’ rights; Obligation of patentee.

• Patentable and Non-Patentable inventions
• Prerequisites — Novelty, Inventive Step and Industrial Application
• Grant/Sealing of Patents and Term of Patents
• Rights of Patentee

Unit III

Register of Patents and Patent Office: Register of patent; Patent office; Power of the Controller; · Power of Central Government; Appeal.

Unit IV

International Patent: International Patent; How to obtain international Patent Cooperation treaty [PCT]. Transfer of Patent Rights: Compulsory Licenses and Licenses of Right; Revocation and surrender of patents.

• Surrender and Revocation
• Assignment and Licensing

Unit V

Infringement and Remedies: Infringement of Patents and penalties; Remedies for Infringement.

• Fair use 2.12Infringement, Remedies and Defences