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Patent Law, Procedures and Practices
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
The Patent Act, 1970 and its amendments; the patent Rules and the amendments; subject matter of patent protection
Requirements for patentability; inventions which are not patentable; patentability establishment; prior-art searches; patent and non-patent free and paid databases
Types of patent specification; various parts of a patent specification; drafting a patent specification and claims
Procedure for obtaining the patent protection; patent process via PCT, Paris convention, national phase application; prosecution of patent application and the other compliances
Pre-grant and post-grant opposition; patent revocation; patent infringement, remedies and enforcement; compulsory licenses and other related issues
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
