Applicability of The Insolvency and Bankruptcy Code 2016

Application of The Insolvency and Bankruptcy Code 2016

The provisions of the Insolvency and Bankruptcy Code 2016 is applicable on the followings—
  1. any company incorporated under the Companies Act, 2013 or under any previous company law;
  2. any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act;
  3. any Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008;
  4. such other body incorporated under any law for the time being in force, as the Central Government may, by notification, specify in this behalf; and 
  5. partnership firms and individuals, in relation to their insolvency, liquidation, voluntary liquidation or bankruptcy, as the case may be.

Notes:

The Insolvency and Bankruptcy Code 2016 (an Act of Parliament) received the assent of the President on the 28th May, 2016, and was published by the Central Government on the same day.

The Patents (Amendment) Rules 2016 has been notified on 16th May 2016

Publication in Official Gazette

The Patents (Amendment) Rules 2016 has been published by the Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) by notification dated 16th May 2016 in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary.

Effective Date

The Patents (Amendment) Rules 2016 has been made effective from the date of publication i.e. 16th May 2016.

The Patents (Amendment) Rules 2016 has been notified on 16th May 2016


Copy of the Amendment Rules

A soft copy of the Patents (Amendment) Rules 2016 is available at:
http://www.ipindia.nic.in/IPActs_Rules/Patent_(Amendment)Rules_2016_16May2016.pdf


Clarifications regarding the Amendment rules

The Patent office has issued some clarifications on the amendment rules, the same is available at:
http://www.ipindia.nic.in/iponew/publicNotice_18May2016.pdf

Compulsory Licensing of Patents : Just Securing Rights on Inventions isn't Enough

Provisions under the Patents Act 1970 relating to Compulsory license
  • Chapter XVI
  • Section 82 to 94
Preamble - principles applicable to working of patented inventions

Patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay. They are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article. The protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. 

Patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India. Patents granted do not in any way prohibit Central Government in taking measures to protect public health

Who can apply for Patent in India and who can not?

Persons entitled to apply for patents

An application for a patent for an invention may be made by any of the following persons :-
  • by any person claiming to be the true and first inventor of the invention;
  • by 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;
  • by the legal representative of any deceased person who immediately before his death was entitled to make such an application.
An application for patent may be made by any of the persons as mentioned above either alone or jointly with any other person.


Who is a "true and first inventor"?

What inventions or ideas can be patented in India and what can not be?

What is a Patent?

Section 2(1)(m) of the Patent Act 1970 defines a "patent" as  a patent for any invention granted under the said Act.

What is an Invention?

Further, as per section 2(1)(j) of the Patent Act 1970 an "invention" means a new product or process involving an inventive step and capable of industrial application.

The meaning of "inventive step" is given in the section 2(1)(ja) of the said Act, which means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.

Patentable inventions

Different Types of Patent Applications in India

There are different types of applications made to Patent office for registration of a Patent for new invention(s). These applications are just different ways to secure the rights of the inventors whether Nationally or Globally. Here, types of Patent applications should not be confused with types of Patents. Both are two different things.

Let us understand these different types of Patent applications in detail.

(1) Ordinary Application
An ordinary application is an application made to the Patent Office for registration of patent without claiming any priority of application made in convention country(ies) or without any reference to any other application(s) under process in the Patent Office.

An ordinary application may go through two different stages or only one. Initially as a provisional application which is followed by a complete application or as a complete application only.

- Provisional Application:

  • A provisional application helps in securing the rights of the inventor at a very early stage of its invention. 
  • A provisional application is a summary of the idea behind the invention. 
  • A provisional application can be briefed even as less as in a single page only.

Patent Laws in India & its History

Currently, the Patents Act, 1970 and the Patents Rules, 2003 (including amendments thereto) are in force.

The laws relating to Patents rights protection in India have evolved drastically during the last 160 years (initially enacted in 1856).

The below table would give an overall idea on the changes made over a period of time.

1856

The act vi of 1856 on protection of inventions based on the British patent law of 1852. Certain exclusive privileges granted to inventors of new manufacturers for a period of 14 years.

1859

The act modified as act xv; patent monopolies called exclusive privileges (making. Selling and using inventions in India and authorizing others to do so for 14 years from date of filing specification).

1872

The Patents & Designs Protection Act.

1883

The Protection Of Inventions Act.

1888

Consolidated as the Inventions & Designs Act.

1911

The Indian Patents & Designs Act.

1972

The Patents Act (Act 39 of 1970) came into force on 20th April 1972.

1999

On march 26, 1999 Patents (Amendment) Act, (1999) came into force from 01-01-1995.

2002

The Patents (Amendment) Act 2002 came into force from 20th May 2003

2005

The Patents (Amendment) Act 2005 effective from 1st January 2005



Patents Rules

Under the provisions of section 159 of the Patents Act, 1970 the Central Government is empowered to make rules for implementing the Act and regulating patent administration. Accordingly, the Patents Rules, 1972 were notified and brought into force w.e.f. 20.4.1972. 

ADDITIONAL INFO