as introduced in lok sabha bill no 340 of  2015 the  patents (amendment) bill, 2015 byshri kesineni srinivas, mp a billfurther to amend the patents act, 1970be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—39 of 1970amendment of section 732 in section 73 of the patents act, 1970 (hereinafter referred to as the principal act), in sub-section (2), the following proviso shall be added at the end, namely:"provided that each patent office shall employ at least one permanent patent officer with expertise in nanotechnology"53 after section 94 of the principal act, the following chapter and sections thereunder shall be inserted, namely:—insertion of new chapter xvia "chapter xvia council for the adaptation of patent system to nanotechnology95 (1) the central government shall establish a council to be known as the council for the adaptation of patent system to nanotechnology (caps-nt)10(2) the council shall consist of a chairperson and two whole-time members to be appointed by the central governmentestablishment of council for the adaptation of patent system to nanotechnology15(3) the chairperson of the council shall be a person of ability, integrity and outstanding scientific calibre with a doctorate degree or equivalent degree in the field of sciences from a university recognized by the university grants commission or a university or institute established by law for the time being in force, and having not less than fifteen years of experience in a leadership role in a scientific organisation, scientific institution or scientific agency, or similar organisation or institution or agency, out of which at least five years shall be as head of the organisation or institution or agency or unit or division, as the case may be20(4) a member shall be a person of ability, integrity and outstanding scientific calibre with a doctorate degree or equivalent degree in the field of sciences from a university recognized by the university grants commission or a university or institute established by law for the time being in force, and having not less than ten years experience in a leadership role in a scientific organisation, scientific institution or scientific agency or unit or division:25provided that the central government shall, while appointing the members, ensure that one such member has requisite knowledge and experience in the fields of nanotechnology, nanosciences and areas connected therewith, respectively(5) the chairperson and whole-time members of the council shall be appointed on the recommendation of the selection committee constituted under section 9730(6) the chairperson or the whole-time member of the council shall not hold any other office during the period of holding his office as such35(7) the central government shall, within a period of two months from the date of occurrence of any vacancy in the office of the chairperson or member, by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or completion of the term of office of the chairperson or a member, make a reference to the selection committee constituted under section 97 for filling up of such vacancyfunctions of the council96 (1) the council shall function as the independent body and its recommendations shall be binding on the patent office40(2) the council shall have the mandate of adapting the patent system to nanotechnology and such other new technologies as may be notified by the central government from time to time45(3) the council shall develop standardised terminology for patent classification and create a system for collecting nano-related patents in one single patent class within such time period as notified by the central government(4) the council shall develop a framework for patenting of nanotechnology inventions(fpni) by balancing the test of novelty, non-obviousness, industrial application and the intrinsic nature of nanotechnology(5) the patent applications falling within the scope of nanotechnology and nanoscience as per the provisions of sub-section (4) shall be certified as nanotechnology related applications and shall be further processed within the framework for patenting of nanotechnology inventions (fpni) as per sub-section (4)5 97 (1) the central government shall, for the purpose of selection of the chairperson and members, constitute a selection committee consisting of—composition of select committee(a) cabinet secretary to the government of india—chairperson, ex-officio; (b) secretary, union ministry of health and family welfare—member, ex-officio;(c) secretary, union ministry of agriculture—member, ex-officio;10(d) secretary, union ministry of science and technology, department of bio-technology, member, ex-officio;(e) secretary, union ministry of environment, forests and climate change,member, ex-officio;(f) secretary, union ministry of personnel, public grievances and pensions,department of personnel and training, member, ex-officio;15 (g) two eminent nanotechnologists to be nominated by the central government, members(2) the selection committee shall recommend a panel of two names for every vacancy referred to it20(3) before recommending any person for appointment as a chairperson or a member ofthe council for the adaptation of patent system to nanotechnology (caps-nt), the selection committee shall satisfy itself that such person does not have any financial or other conflict of interest, which is likely to affect prejudicially his functions as chairperson or member, as the case may be25(4) no appointment of the chairperson or member of the council shall be invalidmerely by reason of any vacancy in the selection committee(5) subject to the provisions of sub-sections (3) and (4), the slection committee may regulate its own procedure(6) the salaries and allowances payable to, and other terms and conditions of service of the members shall be such as may be prescribed by rules made under this act3098 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the council for the adaptation of patent system to nanotechnology (caps-nt) in the discharge of its functions under this act and provide the council with such officers and other employees as it may think fit35staff of the council for the adaptation of patent system to nanotechnology(2) the salaries and allowances payable to, and other terms and conditions of serviceof the officers and other employees of the council shall be such as may be prescribed by rules made under this act(3) the officers and other employees of the council shall discharge their functions under the general superintendence of the chairperson of the council in the manner as may be prescribed by rules made under this act"40 statement of objects and reasonsnanotechnology deals with the understanding and control of matter at a dimension of roughly 100 nanometre (billionth of a metre) and below it promises to be a revolutionary technology with applications in a wide range of sectorsin keeping with the launch of nano mission by government of india, the number of patents filed in the field of nanotechnology has witnessed an exponential increase between 2001 and 2007 nanotechnology straddles a vast array of fields like physics, chemistry, bio- sciences, material science and has applications in fields ranging from aerospace to water purification this multi-disciplinary nature of nanotechnology makes it a technology of the future it is often called the next industrial revolution nano robots are already finding application in the medicine for targeted drug delivery, in oil and natural gas industry, in oil and natural gas industry for exploration of oil fields and in low cost water purification systemsnanotech innovations, however, create a number of problems for patenting owing to their multi-disciplinary character, cross-sectoral applications, broad claims as well as difficulties in fulfilling the patentability criteria of novelty, non-obviousness and industrial application this bill seeks to address this issue by creating a council for adaptation of patent system to nanotechnology (caps-nt) with the mandate to create a framework that balances test of novelty, non-obviousness, industrial application and intrinsic nature of nanotechnologythe bill further aims to augment the capacity of patent offices in dealing with nanotechnology claims by mandating appointment of nanotech experts as patent examiners this would resolve the problem of mistaken rejection and acceptance of overly broad claims by creating an enabling environment for nanotechnology innovation and patenting, we would not only unlock the potential of nanotechnology but also give impetus to development of advanced technology solutions to our problems, giving a fillip to the 'make in india' campaignhence this billnew delhi;kesineni srinivasnovember 17, 2015 financial memorandumclause 3 of the bill provides for establishment of council for adaptation of patent system to nanotechnology (caps-nt) it also provides for appointment of eminent nanotechnologist as a member of the selection committee it further provides for appointment of staff and officers to assist the council the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that recurring expenditure of about rupees fifty lakh per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crores would also be involved memorandum regarding delegated legislationclause 3 of the bill empowers the central government to frame rules for the terms and conditions of service and functions of officers and other employees of the council for adaptation of patent system to nanotechnology as the rules will relate to matters of detail only, the delegation of legislative powers is of normal character annexure extract from the patents act, 1970(no 39 of 1970)73 (1)    controller and other officers(2) for the purposes of this act, the central government may appoint as many examiners and other officers and with such designations as it think fit ———— a billfurther to amend the patents act, 1970————(shri kesineni srinivas, mp)gmgipmrnd—3029ls(s3)—10-12-2015