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IPR · Unit 2

Law of Patents

Unit 2 of Intellectual Property Laws (syllabus: Module II — the Patents Act 1970: what is patentable and what is excluded, the application and grant procedure, rights and obligations of a patentee, working, compulsory licensing, infringement and remedies). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • Why was the Patents Act 1970 enacted, and what did the three amendments after it change?
  • What must a thing be before it is an invention under the Patents Act?
  • Why can something be an invention and still not be patentable in India?
  • What does section 3(d) require of a new form of a known substance, and what is efficacy?
  • When does an improvement on something already known involve an inventive step?
  • What is the difference between a provisional and a complete specification, and what must each do?
  • What rights does a patent confer, and when are they infringed?
  • On what grounds may a compulsory licence be granted, and can a patentee work a patent by importing?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

  • The Patents Act, 1970, s. sections 3, 4 and 5, and the amendments of 1999, 2002 and 2005
  • The Patents Act, 1970, s. sections 2(1)(j), 2(1)(ja) and 2(1)(ac)
  • The Patents Act, 1970, s. sections 3 and 4
  • The Patents Act, 1970, s. section 3(d) and its Explanation
  • The Patents Act, 1970, s. section 2(1)(ja)
  • The Patents Act, 1970, s. sections 9 and 10
  • The Patents Act, 1970, s. sections 48, 53, 64, 104 and 107
  • The Patents Act, 1970, s. sections 84, 90, 92 and 92A

Leading cases

Exam questions on this unit