Indian patent law

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Indian patent law

Certain exclusive privileges granted to inventors of new manufacturers for a period of 14 years. Selling and using inventions in india and authorizing others to do so for 14 years from date of filing specification. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions.

The Act was subsequently repealed by Act IX of since it had been enacted without the approval of the British Crown. This legislation contained certain modifications of the earlier legislation, namely, grant of exclusive privileges to useful Indian patent law only and extension of priority period from 6 months to 12 months.

This Act excluded importers from the definition of inventor. This Act was based on the United Kingdom Act of with certain departures which include allowing assignees to make application in India and also taking prior public use or publication in India or United Kingdom for the purpose of ascertaining novelty.

Inthe Act of was consolidated to provide protection relating to designs. The Act of was further amended in XVI of to introduce a provision to protect novelty of the invention, which prior to making application for their protection were disclosed in the Exhibition of India.

A grace period of 6 months was provided for filing such applications after the date of the opening of such Exhibition. This Act remained in force for about 30 years without any change but in the yearcertain modifications in the patent law were made in United Kingdom and it was considered that those modifications should also be incorporated in the Indian law.

Inan Act was introduced to consolidate and amend the law relating to invention and designs in conformity with the amendments made in the U. This Act brought patent administration under the management of Controller of Patents for the first time.

This Act was further amended in to enter into reciprocal arrangements with UK and other countries for securing priority. Infurther amendments were made to incorporate, inter-alia, provisions relating to grant of secret patents, patent of addition, use of invention by Government, powers of the Controller to rectify register of patent and increase of term of the patent from 14 years to 16 years.

Inan amendment was made to provide for filing of provisional specification and submission of complete specification within nine months. It was found desirable to enact comprehensive patent law owing to substantial changes in political and economic conditions in the country.

Bakshi Tek Chand, a retired Judge of Lahore High Court, in t o review the patent law in India in order to ensure that the patent system is conducive to the national interest. The committee also observed that the Patents Act should contain clear indication to ensure that food and medicine and surgical and curative devices are made available to the public at the cheapest price commensurate with giving reasonable compensation to the patentee.

In Act LXX of an amendment was made to provide compulsory licence in relation to patents in respect of food and medicines, insecticide, germicide or fungicide and a process for producing substance or any invention relating to surgical or curative devices.

The compulsory licence was also available on notification by the Central Government. Based on the recommendations of the Committee, a bill was introduced in the Parliament in Bill No.

However, the Government did not press for the consideration of the bill and it was allowed to lapse. Inthe Government of India appointed Justice N. Rajagopala Ayyangar Committee to examine the question of revision of the Patent Law and advise government accordingly.

The report of the Committee, which comprised of two parts, was submitted in September, The first part dealt with general aspects of the Patent Law and the second part gave detailed note on the several clauses of the lapsed bills The first part also dealt with evils of the patent system and solution with recommendations in regards to the law.

The committee recommended retention of the Patent System, despite its shortcomings. This report recommended major changes in the law which formed the basis of the introduction of the Patents Bill, This bill was introduced in the Lok Sabha on 21st September,which however lapsed.

Inagain an amended bill was introduced which was referred to a Joint Parliamentary Committee and on the final recommendation of the Committee, the Patents Act, was passed. This Act repealed and replaced the Act so far as the patents law was concerned.

Patent Law In India - Everything You Must Know - Intellectual Property - India

However, the Act continued to be applicable to designs. Most of the provisions of the Act were brought into force on 20 th April with publication of the Patent Rules, This Act remained in force for about 24 years without any change till December An ordinance effecting certain changes in the Act was issued on 31 st Decemberwhich ceased to operate after six months.

Subsequently, another ordinance was issued in This ordinance was subsequently replaced by t he Patents Amendment Act, that was brought into force retrospectively from 1 st January, The amended Act provided for filing of applications for product patents in the areas of drugs, pharmaceuticals and agro chemicals though such patents were not allowed.Sr.

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Indian patent law

Title Download; 1 The Patents Act, (incorporating all amendments till ) HTML Page: 2 The Patents Act, (incorporating all amendments till ). These Rules were further amended by the Patents (Amendment) Rules, and the Patents (Amendment) Rules, The last amendments were made effective from May 5, Details regarding the Indian Patent Act can be accessed at the following link.

The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and Trade Marks.

Dec 13,  · The Patents Act , along with the Patents Rules , came into force on 20th April , replacing the Indian Patents and Designs Act The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N.

Rajagopala Ayyangar. Nov 17,  · To add to Varun's comprehensive answer, the patent enforcement issues seem to take the spotlight for life-saving and breakthrough drugs because of western pricing of these drugs and lack of access.

The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and Trade Marks.

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