Patent Act 1970 Assignment

TITLE- APPLICATIONS FOR PATENT
ASSIGNMENT OF PATENT ACT 1970
NAME- ATHARVA ALOK
ENROLLMENT-19FLICDDN01147
SUBMITTED TO- MR. SAURABH SIDDHARTH
COURSE-BBA.LLB 4TH year (2019-24)

INTRODUCTION
The World Trade Organisation defines intellectual property rights as the rights given to
persons over the creations of their minds. Patent is such form of intellectual property rights,
similar to Copyright, Trademark and Design. Patent gives exclusive rights over the use of
such creations for a specific period of time. In India, patents are governed by the Patents Act,
1970, which enumerates provisions regarding everything about patents, including the
procedures for filing applications for patent.
Who may apply for a Patent?
Section 6 of the Act provides for the persons entitled to make an application for a patent. Any
person who is the first and true inventor of an invention can apply for a patent in regards to
that invention in the patent office. However, such a right to make an application can be
transferred in favour of an assignee of the first and true inventor of the invention. In such
case, the application has to be accompanied by a proof of right to make an application[1]
along with a declaration that the person so claiming is the first and true inventor of the
invention[2]. An application for a patent may also be filed by a legal representative of a
deceased person who was entitled to such patent before his death
Different types of Applications under The Patents Act, 1970
Convention Application:
According to Section 135 of the Act this is an application made under the Act within 12
months from the date on which the application for a patent in respect of an invention in a
convention country. The application is filed in terms of an international treaty such as the
Patent Cooperation Treaty (PCT) designating India. In such a case, the priority date of the
complete specification is the date on which the basic application was filed, if the claim is
based on the matter disclosed in the basic application.
For the purpose of determining the period of 12 months in case the applicant has furnished
two or more similar applications, the period of 12 months starts from the date on which the
earliest application was furnished.
International Application:
International application is an application that is filed in accordance with the Patent
Cooperation Treaty. Such applications provide patent protection in a large number of
countries through a single application instead of filing a number of regional applications.
Such application is treated as an application for a patent under the Act if it is filed before the
Controller in India. The filing date of such application is considered to be the international
filing date as accorded under the Patent Cooperation Treaty. The complete specifications
include descriptions, drawings, abstracts and claims filed along with the International
application under the Act.
Divisional Application:
Section 16 of the Act deals with the division of an application. Such application may be made
either at the desire of the applicant before the grant of the patent or on the demand of the
Controller to remedy the objection raised by him on the grounds that the claims of the
complete specification relate to more than one invention. In such case, the applicant may file
further application in respect of the invention mentioned in the provisional or complete
specification, as the case may be, along with the already mentioned application. However, the
complete specification furnished with the further application must not include anything not
already mentioned in the specification filed along with the previous application.
It may be noted that the further application filed along with the complete specification is
deemed to be filed on the date on which the previous application has been filed and is
proceeded with accordingly as a substantive application.
Form of Application for a Patent
Ordinary Application
According to Section 7 of the Act, the application for a patent shall be filed in the Patent
Office in the prescribed form. Every application for a patent shall be accompanied by a
provisional or complete specification. Such provisional or complete specification need not be
accompanied in case of convention application or an application made under the Patent
Cooperation Treaty.
In case the applicant has furnished provisional specifications along with the application, he
shall submit a complete specification within 12 months from the date of filing the application,
failure of which may result in the abandonment of the application. In case two or more
applications are filed regarding cognate inventions and where such inventions can be
included in one patent, a single complete specification may be filed in respect of all the
inventions, at the discretion of the Controller. After furnishing of the complete specification,
the provisional specification is cancelled and the application is post-dated to the date on
which the complete specification is filed.
Convention Application
In case of a convention application, it shall be accompanied by the following:

The complete specification;
The date and the convention country in which the application was made or in case of two or
more applications, the first application was made.
A statement purporting that no application has been made before that date in any convention
country by the applicant or by any person from whom he derives the title.
In addition to the aforementioned, a convention application may also include the following:
Any specifications or corresponding documents, in addition to the complete specification
filed or deposited by the applicant in the patent office of the convention country, within the
time period as specified by the Controller;
If the document is in a foriegn language, the translation of the same along with an affidavit,
as required by the Controller;
CONTENTS OF SPECIFICATIONS
Every specification, whether provisional or complete shall contain the following:
A description of the invention, beginning with the title indicating the subject matter of the
invention;
A detailed drawing of the invention (if required by the Controller)
A model or sample of anything that illustrates the invention or anything alleged to constitute
an invention.
In addition to the aforementioned, every complete specification shall also constitute:

Full description of the invention including its operation, use and the method by which it is
performed;
Disclosure of the best way to perform the invention and which ensures safety as well;
Claim defining the scope of invention;
An abstract describing the technicalities of the invention.
A certificate by the the official chief or the head of the patent office of the convention country
certifying the date on which the application was made in the convention country
Priority Date
According to Section 11 of the Act, the priority date of the claims which are based on the
matter disclosed in the complete specification is the date on which such complete
specification is furnished

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TITLE- APPLICATIONS FOR PATENT

ASSIGNMENT OF PATENT ACT 1970

NAME- ATHARVA ALOK

SUBMITTED TO- MR. SAURABH SIDDHARTH

COURSE-BBA.LLB 4TH year (2019-24)

Who may apply for a Patent?

case, the application has to be accompanied by a proof of right to make an application[1]

invention[2]. An application for a patent may also be filed by a legal representative of a

Different types of Applications under The Patents Act, 1970

International application is an application that is filed in accordance with the Patent

Cooperation Treaty. Such applications provide patent protection in a large number of

countries through a single application instead of filing a number of regional applications.

application under the Act.

further application in respect of the invention mentioned in the provisional or complete

proceeded with accordingly as a substantive application.

Form of Application for a Patent

provisional or complete specification. Such provisional or complete specification need not be

accompanied in case of convention application or an application made under the Patent

which the complete specification is filed.

In case of a convention application, it shall be accompanied by the following:

more applications, the first application was made.

Any specifications or corresponding documents, in addition to the complete specification

time period as specified by the Controller;

as required by the Controller;

Every specification, whether provisional or complete shall contain the following:

A detailed drawing of the invention (if required by the Controller)

In addition to the aforementioned, every complete specification shall also constitute:

Claim defining the scope of invention;

An abstract describing the technicalities of the invention.

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