what Is patent act 1970
Answers
Patent system is a contract between the inventor and authorization by which inventions are given special rights for a period of 20 years in lieu of revealing full details of the invention. The main purpose of the patent system is to encourage innovation and eventually result in technological developments.
In the current Patent Act, 1970, in the year 1972, it was applicable in the amendment and inclusion of existing laws related to the Patents and Design Act 1911 in India. The Patent (Amendment) Act 2005 came into effect from 1 January 2005, which brought changes in India's previous patent system, in which product patents were extended to all subjects of technology including food, drugs, chemicals and micro-organisms. Apart from this, Section 3 (D) introduced in the Revised Amendment Act, 2005 and introduced Pharmaceutical product patent for the first time in India. The Patent (Amendment) Act 2005 defines which invention and makes it clear that no existing knowledge or thing can be patented. The provision defines that the 'innovation' standard - which has three prerequisites for 'patentibility', with 'non-transparency' or 'inventive steps' and industrial applicability.Therefore, searches have been excluded from patent protection
Section 3 (D) determines that-
The only discovery of a new form of known substance, resulting in the increase in known efficacy of that substance or the discovery of any new property, or as a result of the use of new use or known process for the known substance, the machine or equipment, The known process results are not in a new product or at least one new reactant is not employed, it is not patentable 2.
Discovering a new form of known substance
Only a search of a new property of a known substance is not considered qualified patent. For example, there is an antitratic property in paracetamol. Can not find patents of the new property of paracetamol as analgesic. Similarly, ethyl alcohol is used as a solvent but in the form of anti-knocking its new property and search, which makes it eligible to be used as fuel, can not be considered patentable.