ISSUES OF PATENT RIGHTS IN INDIA

Vs OTHER COUNTRIES

Patent ???

A patent is a set of exclusive rights granted by a

government to an inventor or applicant for a

limited amount of time (normally 20 years from

the filing date).

It is a legal document defining ownership of a particular

area of new technology.

How did Patent come?

• In Business Perspective, patent arises due to Product life cycle model.

• The model consists of five stages, it relates with patent evolution.

In Relation with patent

In the first stage Innovating country introduces a new product in a domestic market.

In the second stage, a Innovating country starts specializes

in a new product and starts exporting to the other country. Next some other country start imitating the same product

of a innovated country and produces it. Next that country started specialized in that product and

starts exporting to other country. At the last stage the innovating country starts to import a

same product from the new country because of other reasons like cost effectiveness.

For what can we get a patent in India?

Patents are granted for technical inventions. Patentable inventions are:

• A product

• The use of a product

• A Method

• Biotechnological inventions are patentable with certain restrictions.

Statistics

Have a look at this data,,,, There is low patents granted in india,,,,It has issues.

Issues of patents in INDIA

• India viewed patents as a tool for economic development and restricted the scope and term of patents.

• The sentiment in India on the issue of patents, especially on pharmaceuticals.

• “The idea of a better-ordered world is one in which medical discoveries will be free of patents and there will be no profiteering from life and death”.

Issues of patents in INDIA

• The 80-90% of the patents in India and were exploiting the system to achieve monopolistic control of the market.

• The patent law of 1970 (the current law) restricts the field of patentability, only grants process and not product patents in food, pharmaceutical and chemical fields.

• No limitations or restrictions on foreigners in applying for or obtaining patents in India.

Not patentable in India (issues) A method or process of testing applicable during the process of

manufacture for rendering the machine, apparatus, or other equipment more efficient or for the improvement or control of manufacture.

A method of agriculture or horticulture.

Any process for the medicinal, surgical, curative, or other treatment of human beings.

Patentability of Inventions in the Area of Chemicals, Food and Drugs.

Comparison of Indian patents with other countries Indian patent Issues Developed country Patent issues

Crisis didn’t go out

• An interplay of domestic and international factors influence India’s ability to promote its interests in international negotiations.

• Issues due to Bilateral and multi trade agreements.

US posting India patent as piracy in WTO

• The main objection of the US is to the provision in India's patent law that allows for process but not product patents in the area of food, drug or medicine.

• According to the US, Indian firms are copying technology developed by advanced nations. This is leading to large-scale losses for the US. The Pharmaceutical industry in the US has been especially vocal on this issue.

Comparison of Indian patent rights with US

• The Indian laws are similar to that of European Patent Regimes, US patent regimes.

• US patent laws allow the grant of patent to anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

• US patent rights are Liberal, But Indian rights are not liberal

Comparison of Indian patent rights with US

• Inventions that are mathematical models, business models, or computer Program. Hence, business method inventions and mere software inventions are not patentable in India, while in US they are widely accepted.

• Any discovery of a new isomer of a chemical compound may not be patentable in India. This is contrary to US laws, where inventions related to isomers, polymorphs etc are widely accepted.

Comparison of Indian patent rights with US

US it is the first to invent system,One who invents first would have rights on it.

• India and EP are first to file systems, thus it does not matter who invents first, its the first filer who gets the rights over the invention.

• Though Indian Patent laws provide an opportunity to the true inventor to challenge a patent application

• U.S. patents on many other Indian products (like Neem, Amla, Jar Amla, Anar, Salai, Dudhi, Gulmendhi, Bagbherenda, Karela, Rangoon-ki-bel, Erand, Vilayetishisham, Chamkura).

• Turmeric and Basmati is the biggest issue.

Solutions By Our Team

Redefining standards.Awareness level in Patent system.Indian Political system in framing Patent should

be active and have a negotiable with WTO.Incremental innovations should be easily

accepted.There should be a time frame fixed for filing pre-

grant opposition to a patent application.Patent Harmonization.

Device developed by an Indian based in Singapore can warn of a potential heart attack eight hours before.

• Nellian, now hold a patent to a mobile phone that not only makes calls but also doubles as a cardiogram.

• In about 30 seconds the cardiogram results start appearing on your mobile screen.

• He adds that if someone faints, all you need to do is hold the mobile to the person's chest. You will know the condition of his heart in seconds and then can take necessary action.

• Nellian is the only Indian in this partnership venture. The others are five Chinese Singaporeans.

A.Manovasanth