Patent Law, Procedures and Practices

Paper Code: 
PLP 132
Credits: 
2
Contact Hours: 
30
Objective: 

This paper will enable students to:

  • Study patent legislation in India
  • Understand various patent skills such as establishing patentability requirement, prior-art searches, drafting patent specification
  • Learn patent filing and prosecution thereafter
  • Understand patent opposition, litigation and compulsory licensing issues
6.00
Unit I: 
Patent legislation

 

The Patent Act, 1970 and its amendments; the patent Rules and the amendments; subject matter of patent protection

6.00
Unit II: 
Patentability concept and the requirements

 

Requirements for patentability; inventions which are not patentable; patentability establishment; prior-art searches; patent and non-patent free and paid databases

6.00
Unit III: 
Patent specification drafting

Types of patent specification; various parts of a patent specification; drafting a patent specification and claims

6.00
Unit IV: 
Filing and prosecution of the patent application

 

Procedure for obtaining the patent protection; patent process via PCT, Paris convention, national phase application; prosecution of patent application and the other compliances

6.00
Unit V: 
Patent opposition and litigation

 

Pre-grant and post-grant opposition; patent revocation; patent infringement, remedies and enforcement; compulsory licenses and other related issues

ESSENTIAL READINGS: 
REFERENCES: 

Recommended study resources: books, web-links etc
·Prateek Kasliwal, (2009), Intellectual Property Rights, College Book Centre, 1st edition.
·VK Ahuja, (2009), Intellectual Property Rights in India, Lexis Nexis Publication, 1st edition (Vol.1 and 2).

    P Narayanan, (2001), Intellectual Property Law, Eastern Law House, 3rd edition.
    Lionel Bently and Brad Sherman, (2004) Lionel Bently (Author), Intellectual property law, Oxford Publication.
    Feroz Ali Khader, (2007), The Law of Patents-With a Special Focus on Pharmaceuticals in India, Lexis Nexis Publication, 1st edition.
    N R Subbaram, (2007), Patent Law Practices and Procedures, Lexis Nexis Publication, 2nd edition.
    Manual for Patent practices (www.ipindia.nic.in)
    www.wipo.int

www.ipindia.nic.in

Academic Year: