Law of Patents and Trade Secret

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Description
The industrial progress of a country is considerably stimulated by its patent system which is not created in the interest of the inventor but in the interest of national economy. The provisions of the Patent law are designed, with special reference to the economic conditions of the country, the state of its scientific and technological advancement, its future needs and other relevant factors, and so as to minimize, if not to eliminate, the abuses to which a system of patent monopoly is capable of being put. The patent system serves a very positive function in our system of competition, i.e., "the encouragement of investment based risk." By so doing, it encourages innovation and its fruits: new jobs and new industries, new consumer goods and trade benefits. In that sense, the patent system promotes competition. The underlying goal of the competition law is also to promote competition. In India patent laws are governed by the Patents Act, 1970. It came to be enacted mainly based on the recommendations of Justice N. Rajagopala Ayyangar report, and came into force on April 20, 1972, replacing the Patents and Designs Act, 1911. The Act saw three major amendments in 1999, 2002 and 2005, following the Uruguay round of multilateral negotiations under the General Agreement on Tariffs and Trade (GATT), the Agreement on Trade Related Aspects of Intellectual Property Rights (The TRIPS) which came into force on January I, 1995. Patents Rules, 1972, were
substituted by the Patents Rules, 2003 which have also been amended in the years 2005, 2006, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2020 and 2021 respectively inter alia in order to keep them in line with the international trends and requirements.
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Contents
Chapter 1 : Introduction
Chapter 2 : Patent System in India
Chapter 3 : Patents - General Concepts
Chapter 4 : Patents and Competition and Trademark law
Chapter 5 : Indian Patent Law - An overview
Chapter 6 : Patentability - Invention and Inventive steps
Chapter 7 : Product and Process Patent
Chapter 8 : Invention not Patentable
Chapter 9 : Patentability - Medicines and Chemicals
Chapter 10 : Patentability - Computer Software and Business method
Chapter 11 : Patent - Application for Grant
Chapter 12 : Specification and Claims
Chapter 13 : Publication and Examination of Applications
Chapter 14 : Patent - Opposition Proceedings
Chapter 15 : Anticipation
Chapter 16 : Patent - Grant and Rights Conferred thereby
Chapter 17 : Patents of Addition
Chapter 18 ; Amendment of Application and Specifications
Chapter 19 : Restoration of Lapsed Patent
Chapter 20 : Surrender and Revocation of Patent
Chapter 21 : patent Rights - Transfer of
Chapter 22 : Inventions - Acquisition and use for Purpose of Government
Chapter 23 : Patent - Working of and Compulsory Licencing
Chapter 24 : Infringement
Chapter 25 : Register of Patents
Chapter 26 : Powers of Controller
Chapter 27 : Appeals
Chapter 28 : Penalty
Chapter 29 : Offences by Companies
Chapter 30 : Patent Agents
Chapter 31 : Trade Secrets and Confidential Information
Chapter 32 : Paris Convention, PCT, Uruguay round and trips
Appendices
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Author Details
D.P.Mittal