Introduction

A patent is a legal right granted to an inventor for a novel invention that provides a new and
useful solution to a problem. It gives the patent holder exclusive rights to manufacture, use,
sell, and distribute the patented product or process for a specific period, typically 20 years.
The essence of a patent lies in its ability to encourage innovation by protecting inventors
from unauthorized use or exploitation of their inventions.

In India, the Patents Act, 1970, and its subsequent amendments form the cornerstone of the
patent system, aligning it with international standards like the Trade-Related Aspects of
Intellectual Property Rights (TRIPS) Agreement. This essay delves into the comprehensive
framework of patentability criteria under the Act and the procedural stages for obtaining a
patent, while also exploring judicial interpretations and case laws that have shaped India’s
patent landscape.

Patentability Under the Patents Act, 1970

A patent is an exclusive right available to a person who has

Invented a new article over has invented an improvement in an existing article
or invented a new process of making an article. A person was the patent right he is called the
patentee and he has the exclusive right of making manufacturing selling or using the
invention and also has the right to authorize others to use the invention by the way of
assignment or grand of licence .
The above rights are available to the patentee or absolute and any person who infringes the
patent can be restrained from further infringement by order of an injunction from the court,
besides the payment of compensation to the patentee which is an ascertained by the loss
suffered by the inventor for the profit made by the infringer .

Pattern law is a specialised field within this fear of intellectual property loss intellectual
property originates from the human mind and creative intellect therefore individual so use
their creative skills should be granted some form of benefit in the form of protection of their
invention this protection can be granted in the form of patent a patent is exclusive right
granted for the invention when it comes to the pattern not all the inventions are eligible for
protection understanding what can and what cannot be patented is crucial for inventors and
business

In the case Vishwanath Prasad Radheshyam versus Hindustan Metal Industries 1982,
Supreme Court of India sumed up the objective of patent law as follows ,the object of pattern
law is to encourage scientific research new technology and industrial progress Grand of
exclusive privilege to own, use or sell the method or the product patent for a limited.
Stimulate new invention of commercial utility. The price of the Grand of monopoly is the
disclosure of the invention at the patent office after expiry of fixed. of the invention passes to
the public domain

The Patent Act 1970 recognised to kind of patents they are

Product patent and process patent

Product patent
If the invention relates to the manufacture of a machine article or substances which must be
novel and useful then the applicant must apply for product pattern and when the controller of
patent registers the same under product pattern then such pattern is called product patent.
Here the patent is granted note to the method or process of manufacture of a substance but to
the substance itself the pattern holder or patently will have absolute right to produce
market the patent product a product patently has the right to make use and exercise cell or
distribute such article or substances in India
process patent

When the method or the process of manufacture of a substance is given patents, it is known
as process patent, if a new novel and useful process is used in the production of a
commercially cheaper but quality wise better substance or article the applicant can apply for
process patent and if the controller of patent registers the same under process pattern such
pattern is called a process patent the process patent is very much in the existence of
medicines and drugs

Apart from the product and process patent there are other types of patent also

Patent of addition :this patent is for the improvement of original pattern or for the
modification of the invention it is a part and parcel of the original patent and the expiry date
for both the patterns are one and the same
Combination patents
A patent granted for the invention that units existing components in a novel way
Selection patents
This pattern covers Chemicals and ends the term selection patent is not generally used this
generally happens in the chemical field if a person discovers that certain compounds of a
group of chemical process characteristics unique which is not already known to the public it
is patentable and such a Discovery should be useful
Convention patent: the government by official notification specifies the name of countries
which give facilities to Indian citizen in relation to the patent as they give their nationals and
offer to the nationals of the convention countries facilities relating to the patent any national
of the convention country in India may make an application for pattern either by himself or in
Association with the Indian citizens in accordance with the official notification such
application is called a convention application

Sealed box pattern

it is not a name in the stick sense but I form of treatment towards the application of patent for
medicines in the case of application for patents relating to drugs and medicines the
application is not immediately send to the examiner of patents as done in the other cases it is
just kept Asif in a Shield box without any action but an exclusive right is given for marketing
the product for 5 years or till he is either granted or refuse the patent

Essential conditions for satisfying for conferring patent right

Yard sticks to determine patentability
1. There should be an invention not a Discovery the expression invention is Defend in
Section 21 G of pattern that 1970 Section 21 j was amended by the patent Amendment Act
2002
Before the amendment in 2002 the word invention was defined as an art process or method
or manner of manufacture, machine Apparatus or other article, substance produced by
manufacture and include any new and useful improvements of any of the above stated
invention and leaked invention amendment in 2002 the definition of term invention runs are
follows

An invention means a new product or process involving an inventive step and capable of
industrial application in order to constitute and invention there should be a new product or
process
The product or process should involve and inventive step the expression invention step is
different in Section 2(1) ( j a )of the pattern Act 1970 by Section 2(1)(j a) of the act inventory
steps means a feature that makes the invention not obvious to a person skill in the art and it
should be capable of industrial application

The invention must be newness or novelty)

There would be no novelty if there is prior Publication and prayer use of identical invention
The invention must be useful(usefulness or utility)

 The invention must be useful if an invention is not useful to the mankind it cannot be
patent in some countries inventions which are not useful or protected by utility model
in India patent is conferred only to useful product and processes
 The invention must be non-obvious
 The invention must be known obviously a person skilled in the art to which the
invention relates

Patentability Under the Patents Act, 1970

Section 3 and Section 4 deals with the list of exceptions that do not fall under invention
and hence are not patentable

Requirement of Patentability

Patentable subject matter

The four most consideration is to determine whether the invention relates to a patentable
subject matter section 3 and 4 of pattern that list out non-patentable subject matter as long as
the invention does not fault under any provisions of section 3 or 4 it means that it has
patentable subject matter (subject to the satisfaction of the Other criteria)

Novelty
Novelty an important Criterion in determining pattern ability of fun invention Novelty or no
invention is defined under Section 21 of pattern that has any invention or technology which
has not been and dissipated by Publication in any document or used in the country or in the
world before the date of filing patent application with complete specification that is the
subject matter has not fallen in public domain or that it does not form part of state of the earth
simply put Novelty requirement basically stays that an invention should be never have been
published in the public domain it must be new with no same or similar prior arts

Inventive step or non-obviousness

Inventive step is defend under Section 2(1)(ja) of patent Act as " a feature of an invention that
involves technical Adventures as compared to the existing knowledge or having economic
significance or both and that makes the invention not obvious to a person skill in the art this
means that the invention must not be obvious to a person skill in the same field ask the
invention relates to it must be inventive and not obvious to a person skilled in the same field

Capable of industrial application

Industrial applicability is depend under section 2(ac) of the pattern that are the invention is
capable of being made or used in an industry the essentially means that invention cannot exist
in abstract it must be capable of being applied in any industry which means the invention
must have practical utility in order to be patententable

The invention must be disclosed fully(disclosure)

The Act imposes a duty upon the inventor to disclose fully the invention in the complete
specification to facilitate anyone from the public to exploit the invention after specific period.
The full disclosure of invention is mandatory the inventor fails to disclose invention fully the
pattern will not be granted if the patent is granted without fully disclosing the invention the
person opposing the patent can contest the patent on this ground,

In shining Industries versus Sri Krishna industries 1975

In Shining Industries v. Sri Krishna Industries (1975), Shining Industries sought a patent for a
manufacturing process that involved modifications to existing technology, which Sri Krishna
Industries opposed, alleging it lacked novelty and inventive step as per the Patents Act, 1970.
The key issues were whether the invention satisfied the criteria of novelty, inventive step, and
industrial applicability, and whether granting the patent would hinder competition. The court
ruled against Shining Industries, holding that the claimed invention was not novel as it
merely combined known techniques, lacked an inventive step being obvious to a skilled
person, and granting a patent for such minor improvements would unjustifiably limit
competition, thus failing the test for patentability

In Novartis AG versus Union of India 2013 it was observed that Section 2(1)(J) require a
product to satisfy three condition to qualify as an invention

1. It must be new that is to say in must not have been and dissipated
2. It’s coming into being must know inventive steps and
3. It must be capable of industrial applications

As me know that not a very invention get patent its patent is granted to the owner of the
patent when his invention satisfice the condition for patentability such conditions are follows
  Novelty
 inventory step or non-obviousness
 industrial applications
The main object of pattern law is to confirm exclusive right to the patently to gain
commercial advantage out of his invention, the conferring of exclusive right encourage the
inventors to apply their creative talent, unless protection is conferred to the patentee the
inventor may not disclose the invention and he may keep it secret . Disclosing the invention
for getting the privilege of monopoly right would benefit the society

Section 3 and 4 of pattern that 1978 deals with the inventions which are not patentable
section 3 of the act has been amended in 2002 after the amendment in 2002 the
following inventions are not patentable .
1. An invention which is privilege or which is obviously quarterly to the established natural
loss
2.And invention the primary or indented use or commercial exploitation of an invention
which is contrary to the public order or morality or it causes serious prejudice to human
animal or plan live or help to the environment then it is not an invention

3. The near discovery of scientific principle or formulation of an abstract theory or discovery

of any living or non-living substances occurring in nature
4. The major discovery of any new property or new use for a non-substance or major use of
non-process the Machines or Apparatus and such non-process does not result in a new
product for employee at least one new reactant is not an invention.

In Norvatis Ag Vs Union of India 2013

It was held that section 3(d) which disqualifies certain inventions innovations from qualifying
for pattern protection is a substantive provision and not an ex majore cautela" clause,(out of
greater caution). Section 3D setups a second tier of qualifying standards for pattern protection
especially for chemical substances Pharmaceutical product in order to permit patents for true
and genuine inventions but the same time to check any items at aptitude patenting or
extension of pattern term on spurious grounds.

A substance obtained by near admixture resulting only in aggregation of properties of its

component or process for producing such substance is not an invention
Near arrangement or rearrangement or duplication of non-devices each functioning
independently of one another in a known way is not an invention.

A method of agriculture or Horticulture is not an invention any process of the medicinal

surgical creative prophylactics', Diagnostic therapeutic or other treatment of human beings or
any process for similar treatment of animals to render them free of disease or to increase their
economic value or that of their product is not an invention.

A mathematical or business method or a computer program or algorithms is not an invention.

A literary dramatic musical for artistic work or any other aesthetic creation what so ever
including cinematographic works and television production is not an invention.

Topography of integrated circuit is not an invention

An invention is a traditional knowledge or which is an aggregation or duplication of non-
properties of traditionally known compound is not an invention

After the amendment in 1999 virtual section 5(1) no product patent could be granted to
any substances internet to use as food or medicine or drugs or chemical pattern could only
granted for the method or process of manufacturing such products section 5 of the act has
been omitted by the patents Amendment Act 2005 with effect from 11 2005 it is to
implement the provisions of trips agreement

By virtue of 5(1)of the act product patent could not be granted to any substance to use as
food or medicine or drug or substances prepared or produce by chemical process ,patent
could only be granted for the method or process of manufacturing such product .

In Norvatis Ag Vs Union of India 2013 , it was held that the most important change broad
about in pattern law in India as a result of countries obligation under trips agreement was the
deletion of Section 5 from the pattern that which reopen the doors to product patents in India

Some views
Before 1-1 2005, a food item could not be patent by virtue of Section 5 of factor however the
process of manufacturing masala dosa could be patented , if it is an invention which is new
useful and non-obvious after the pattern Amendment Act 2005 , a food item can be patent
provide it should be new useful and non-obvious here muscle dosa is not a new one or non-
obvious hence that's it cannot be patented
A botanist while conducting the search in laboratory invented a hybrid variety of tomato and
potato whether whether method of production of such hybrid product patentable? A method
of agriculture and horticulture is not patentable, similarly a cardiologist in invent a new
process of Bypass surgery climbing for a patent for new surgical method invented by him he
is not patentable because any process for the medicinal surgical creative or any other
treatment of human beings or animals or plants to render them free of the diseases or to
increase their economic value for that of their product is not a patentable

Inventions relating to atomic energy note pattern double (Section 4)

Inventions where only methods or processes of manufacture patentable(sect 5)

Procedure for Granting patent

The following are the important stages of registration of patent
Submission Application for patents
Publication of application
Examination of application
Search for anticipation by previous publication and by prayer claim section 13
Powers of the controller
Acceptance of complete specification
Opposition to Grand of patent(and dissipation secrecy of certain invention pattern of addition
grand and ceiling your pattern

Applying for a patent

The Patents Act lays down the procedure for the grant of patent to an
inventor to exploit his
invention for 20 years subject to the fulfilment of certain conditions. The
first step is to make an application in the prescribed form along with
provisional or complete specification. The
application is thereafter published and examined (if requested) and
search for anticipation is
made. Oppositions are invited from the public to the grant of patent and
where there is no
opposition or the opposition is decided in favour of the inventor, the
patent is granted and sealed which confers certain rights on the patentee.
Who can Apply for a Patent?
An application for a patent for an invention may be made by any of the
following persons either
1. Alone or jointly with any other person:
2. any person claiming to be the true and first inventor of the invention
3. any person being the assignee of the person claiming to be the true
and first inventor in respect of the right to make such an application

4. The legal representative of any deceased person who immediately

before his death was entitled to make such an application.

Submission of Application

Persons entitled to apply for patterns(sect 6)

And application for patent for invention may be made by any person
climbing to be true and first inventor of the invention or is assignee or is
legal representative whether an employee is entitled to an invention
made by him depend upon the terms of contract with the employee.

The term true and first inventor of invention does not include either the
first importer of an invention in India or a person to whom and invention is
first communicated from outside India.
And assignee of a person claiming to be true and first inventor if an
assignee makes an application, he should furnish with the application the
proof of right to make application that is document of assignment. if the
proof of right to make application is not furnished with the application ,
shall within a period of 3 months after filing of such application furnished
such Proof.
A legal representative of any disease person who was entitled to make
such an application for patent the expression legal representative means
a person who in law represent the estate of a diseased person

True and first Inventor

A person who is the one to convert the ideas and scientific principles in do
a working invention is the first and true inventor a person who me early
communicates and idea to the another cannot claim to be the true and
first inventor and so he is not entitled to apply for patents

Example
A physics teacher explains a principle in the class, one of his students
make a working invention by producing new result by putting into use the
principle Told by the teacher ,the student is the first and true inventor and
can to apply for patent and not the teacher.

A scientist involved in research discusses a scientific principle with his

colleague the colleague uses the principle and invents a working device
based on that principle and other colleague who was the instrumental in
suggesting the manner of putting into place the arrangement of mechanic
device claim himself to be the true and first inventor and apply for patent,
in this case the second person is entitled to patent since he has applied
the principle and invented the working device
Invention by the employee
If an employee makes an invention during his employment he would be
entitled to apply for the patent generally the right of employee to apply
for patent will be regulated by the contract terms between the employer
and employee ,normally the employee can apply for patent for his
invention even though made during employer's time and employers’
material and expense .however contract terms shall not be opposite.
In the case of employees specifically employed for research and
development the invention always belong to employer and he send it to
apply for patent

A foreigner can apply for patent in India ?

A foreigner can also apply for patent in India if an applicant is a foreigner
Vishal furnished information setting out the name of the country in which
he has already filed an application serial number and date of filing of such
application he should have also given an undertaking that, up to the date
of acceptance of complete specification by the controller he would inform
the controller in writing of the details and development in any patent
application filed outside India.

Form of application (section 7)

According to Section 7 of the Patents Act, 1970, each patent application

must be for a single invention only. The application should be filed in the
prescribed form at the appropriate patent office, which can be established
in various locations.

Under the Patent Cooperation Treaty (PCT), an international patent

application designating India is treated as a national application if a
corresponding application is before controller of India. The Indian filing
date will be the same as the international filing date. To proceed in India,
the applicant must pay fees, submit an English translation if necessary,
and provide proof of their right to apply if the application is based on an
assignment. If the application is made by the rainy then the proof of
assignment must be submitted along with the application every
application must be accompanied by provisional or complete specification.

Provisional and complete specifications (section 9)

The description of invention is called as specification a patent
specification can be defend as a highly technical and legal document that
discloses the invention to the public along with the best method of
performing it the language and the content of patent specification has to
be such that it enables the person ordinary skilled in the art to practice
the invention. Secondly patent specification should identify the subject
matter over which the patent owner indent to claim exclusivity the
language of document is generally full of Technical and legal jargon as it
contain scientific details of the invention.

The patent specifications must be drafted carefully from both legal and
Technical perspective if the document does not sufficiently disclose the
means to recreate the invention the owner of the pattern stands the risk
of losing the Grand of patent similarly if the scope of invention is not
defend accurately it allows competitors to circumvent the patent and
benefit from it there for one need to draft technically sound pattern
specification with a due care.

Types of specification
The provisional specification: A professional specification which is not
full and specific it simply contain the general description of invention the
fields of application and the results and dissipated the purpose of
provisional specification is to fix the priority date of the patent this type of
patent application is filed by an applicant only to secure a patent filing
date with the united States patent and Trademark office (USPTO)

Complete specification the complete specification is the final specification

which must contain the following details

 Full description of the invention

 The operation details of the invention
 The user details of an invention
 The best method of performing the invention
 Claims defining the scope of invention for which the protection of
patent is sought

Provisional specification
If an application for patent is accompanied by a professional specification
then the complete specification should be filed within 12 months from the
date of filing of the application and if the complete specification is not so
file then the application is Deemed to be abandoned
However, the complete specification maybe filed at any time after 12
months but within 15 months , if such a request is accepted by the
controller

Foreign nationals

If the application is made by foreign national of a convention country the

patent application is to be accompanied with the complete specification
and Not provisional specification
Procedure

if complete specification has been filed in pursuance of application for

patent accompanied by a provisional specification then the controller
may cancel the provisional specification
A specification maybe provisional or complete if the specification gives
only initial description of an invention it is provisional specification a
citizen of India who applies for a pattern need to give only provisional
specification along with the application. Complete specification give full
and sufficient details of an invention it should be such that a person skill
in the art can use the invention when he reach such a description the
complete specification should be filed within 12 months from the date of
filing application if the complete specification is not file within 12 months
the application shall be Deemed to how been abandoned. the time period
of 12 months maybe extended by the controller to 15 months .the
purpose of filing specification is to make available invention to the public
on the expiry of patent the complete specification shall contain the
following

Contents of specification(sect 10)

Title
Every specification must describe the invention and must begin with a
title indicating the subject matter to which the invention relates

Brief description of drawings if any

Controller requires then the drawing must be supplied for the purpose of
any specification. Though not mandate the patent application usually
include drawings flowcharts and figures to visually describe the invention
helping the examiner to understand the innovation better as per the
guidelines of USPTO the figures should be clean black and white line
drawings that accurately illustrate the invention.

Field of invention
This section highlights general and specific fields in which the subject
matter of invention false the field of invention helps the examiner to
decide which search field he or he can look into find similar published
Technology

Summary
A summary gives an idea of invention
Most importantly summary of invention should come before the
description of the claimed invention

Detailed description

A full and particular description of the invention and its operation or use
and the method by which it is to be performed most importantly the
detailed description should be provided in a manner that any person with
ordinary skill in the art is able to practice the invention it may also include
examples explaining the overall working of the invention in different
environment and possible variations
Disclosure of best method of performing the invention which is known to
applicant and for which he is entitled to claim protection. Claim or claims
defining the scope of the invention the claim must relate to one invention
only the claim must be clear and precise.
A declaration as to the inventor ship of the invention is furnished in the
prescribed form with the complete specification within a prescribed period
after filing of that specification.

Abstract
The complete specification of patent includes and abstract that gives
technical information about the invention essentially it is a summary of
the matter in the pattern specification the Abstract should not be more
than 150 words

Non-provisional patent application

Non provisional patent application also known as regular patent

application, professional patent application is filed within 12 months of
filing a provisional application to secure pattern rights for an invention
regular patent application must include a complete specification of patent
where in applicant discloses all the details of the invention in a sufficiently
clear and complete manner in contrast the professional specification he
complete specification concludes at least one claim for which the
protection is sought.

Publication of application section 11a

An application for patent shall not be opened to public for 18 months from
the date of filing application after the expiry of 18 months the application
for patent shall be published the applicant my request the controller to
publish is application at any time before the expiry of 18 months in such
case the controller published such application as soon as possible.
The publication of application made after the expiry of 18 months from
the priority date and no fees are required by the inventor request for
Publication can be made rule 24a and under section 11a in form number
9( optional step)
Upon publication of an application for patent the patent office may on
payment of the prescribe piece make the specification and drawings of
such applications available to the public own and from the date of
publication of Publication for patent and until the date of Grand of a
patent in respect of such application the applicant shall have the
privileges and rights Asif if a pattern for the invention had been granted
on the date of publication of the application but the applicant shall not be
and tell to Institute any proceedings for infringement until the pattern has
been granted

Request for examination (REF)

The request for Examination to exam in the patent application is made in
phone number 18 including the fee within 48 months from the filing date
by the applicant

Examination issue of the first examination report(FER) -SECT 11B

& 12
The controller sense the patent application to the examiner who checks
for patentability as per the patentability criteria and creates first
examination report any objection raised regarding the patentability
requirements during examining the patent application has to how
completed within 12 months .When a request of examination is made the
application will be sent to the examiner of patents for making report to
the controller there upon examiner will consider the following three
aspects

Whether the application complies with the requirement of act and the
rules made their under

 Whether there exist any ground of objection to the patent

 Whether the invention has already been published or claimed by
any other person
 The examiner makes a search in the publication specification of
prior application and specification of patent already granted to see
whether the same invention has already been published or claimed
or is the subject matter of existing or expired patent .

Search for anticipation by previous publication and by prior claim

(section 13)

The examiner can make investigations for the purpose of ascertaining

whether invention claim in any claim of the complete specification is
claimed in any claim of any other complete specification published on or
after the date of filing of the applicants complete specification .The
examiner in addition makes an necessary investigation for ascertaining
weather invention claimed in any claim of the complete specification has
been and dissipated by Publication in India or elsewhere before the date
of filing your public and complete specification.
Opposition section 25
The actor deals with the opposition to grandparents and are of two types
1. pre-Grand before the pattern is granted and 2. post Grande after 1 year
of the Grand of patent the oppositions can be filed by anyone interested in
the field of invention in form number 7 with the prescribe the free within
12 months from the date of publication of the patents . The request shall
be made to the controller against the Grand of patent on the following
grounds
Including Novelty inventory steps and industrial application
No disclosure or wrongful mentioning in complete specification source and
geographical origin of biological material used in the invention and
anticipation of invention by the knowledge ,oral or otherwise available
with any local or indigenous community in India or else.
The representation for opposition Shall be filed within a. period 3 months
from the date of publication of the application or before the Grand of
patent which our is later and shall include a statement and evidence in
support of Representation and a request for hearing is so desert the
controller cell consider such a presentation only when I request for
examination of the application is filed by the applicant for the Grand of
patent. On consideration of the Representation if the controller is of the
opinion that application for patent shall be refused we shall give a notice
to the applicant. On receiving the notice, the applicant shall if he so
desires, file his statement and evidence within 1 month from the date of
notice.
on consideration of the statement and the evidence filed by the applicant
,the controller may either refuse to Grand a patent on the application or
reject the representation .

Communication to the applicant

On the examination of application if any objection is raised by the patent
examiner the patent office will send a communication to the applicant the
objection so raised the applicant will be given an opportunity to rectify the
objection if the objection is not satisfactory rectified the controller my
refuse the acceptance of the application after giving an opportunity of
being head to the applicant

Grand of patent

Once the application needs all the requirements of pattern ability the
patent is granted to the inventor with a seal from the pattern of face and
his notified in the general from time to time the controller shall published
the fact that patent has been granted and their upon the
application ,specification and other document related thereto shall be
open for public inspection.

After the Grand of pattern but before the expiry of a. of from the date of
publication of grandpa patent any person interested may give notice of
opposition to the controller on the following grounds
Grounds for opposition to the patent
 1. obtained wrongly or fraudulently
2. the invention has been already published and known
3. not involved in any of the inventory steps
4. not completed within 12 months
5. no clear and explicit description of the invention
6. not considered as an invention based on the subject matter for the
invention

The invention as claimed by the applicant in his complete specification is

obvious and does not involved any inventive step ,Complete specification
of the applicant does not sufficiently and clearly describe the invention or
the method by which it is to be performed
In case of foreign application failure to disclose information relating to
applications filed in foreign countries
In the cases of convention application, the applicant was not made
within 12 months from the date of the first application for the protection
of invention made in a convention country by the applicant or a person
from whom he derives the title.

Controller Action
And the controller receives a notice of opposition the control shall notify
the patently on receipt of such notice of opposition the controller shall I
order in writing constitute a board to be known as opposition board
consisting of three members and nominate one of the members of the
chairman of board .the controller Shall refer the notice of opposition along
with the documents to that board for examination and submission of its
recommendations to the controller. On receiving the Recommendation of
opposition board ,the controller shall fix a date and time for hearing and
give parties not less than 10 days notice of such hearing and may require
members of opposition board to be present in the hearing after giving the
patentee and opponent and opportunity of being heard the controller shall
order either to maintain or to amend or to revoke the patent.
If the decision of the controller is against the applicant the applicant can
prefer an appeal to the applied board under section 83 of the trademark
at 1999

In Imperial chemical Industries Limited versus controller general

of patents design and trademark 1978
The court declared the following prepositions of law has binding for
granting patent the

 The patent must be in respect of an invention and not a Discovery

 The patent maybe in respect of a substance or a process
 In order to have complete patents the specification and climbs must
be clearly and distinctively mentioned
 It is the claim and claims alone which constitute the patents
Conclusion
The Patents Act, 1970, plays a pivotal role in fostering innovation and protecting inventors’
rights. By providing a well-defined framework for patentability and procedural clarity, it has
aligned India’s patent regime with international standards. However, continuous efforts are
required to address procedural inefficiencies, reduce costs, and ensure effective enforcement.
Judicial decisions have further enriched the understanding and application of patent law,
striking a balance between innovation and public interest. With ongoing reforms, India’s
patent system is poised to support the country’s growth as a global hub for innovation and
intellectual property.

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