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Indian Patent Law is governed by the provisions of the Patents Act, 1970. This law grants patent rights for inventions that cover a new and inventive process, product, or article of manufacture, provided they meet the patent eligibility criteria of novelty, inventive steps, and industrial applicability.
Patents Act in India – Overview
Patent Act of 1970 is one of the more relevant pieces of legislation in India, which regulates the law of the states related to patents. This act came into place to encourage innovation and to make that the inventions are shared with the public. Throughout the Act`s history, there has been numerous amendments made to ensure modern technological advancements are taken into consideration, and in regards to international intellectual property norm.
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Patent Act 1970
The principal implementing legislation of the Patent Act 1970 is Patent Rule 1972 on April 20, 1972. The said bill was predominately intended to create an environment favorable to promotion of inventions and respect for the rights of inventors. Key features of the original Act included.
Key features of the original Act included:
- Patentability: The Act described the sort of inventions which were patented and specified the categories that were not allowed like atomic energy, living organisms, and methods of agriculture.
- Term of Patents: For a foul period of 14 years only after the filing was executed.
- Compulsory Licensing: Along with that there were systems implemented for supplying of critical items to the world at agreeable prices.
- Patent Office: The Act created the position of Indian Patent Office as default administrative organization of patent laws in the country.
The patent laws generally provide new innovators the opportunity to think of something and then shed new light on the same old things.
Patent Act 1970 And Its Amendments
Patent Act Amendment in 1999
Introduction of Exclusive Marketing Rights (EMRs): The famous Human Rights Declaration is the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement. It provided for regulation of marketing through product labeling and quality control; it also allowed pharmaceutical and agricultural chemicals products their exclusive marketing rights for a period of five years or until a patent was granted or rejected, whichever was earlier.
Patent Act Amendment in 2002
- Patent Term Extension: The (years) length of patent term was increased to 20 years from the date of filing which had been earlier for 14 years.
- Patentable Inventions: The scope of patentability was widened, and some exclusions were deleted in order to give the inventions the necessary protection.
- Publication of Applications: Within 18 months after filing date all the patent applications have to undergo publishing, which led to the transparency.
- Opposition Procedures: Created a post-publication opposition mechanism where third parties can come against the writing of a patent after it has been published but before it is eventually granted.
Patent Act Amendment in 2005
- Product Patents for Pharmaceuticals: A major change introduced here was the converged system of product patents in pharmaceuticals and agrochemicals that brought it to TRIPS compliant regime.
- Compulsory Licensing: Increased access to compulsory licenses which make medicines more accessible and affordable remains within reach.
- Pre-grant and Post-grant Opposition: Strengthen investment process by providing both prior opposition and postgrant challenges.
- Mailbox Applications: An auditing agency gave the opportunity for looking into mailbox (1995-2005) applications filed separately for pharmaceuticals and agricultural chemicals.
Patent Act Amendment in 2012
- Introduction of Section 3(d): The main goal of this part was also not to give patent for new types of known substances unless they render the original active materials more efficient. This implies a drastic reform aimed to avoid further exceptional licenses for simple modifications to some drugs.
- Simplification of Processes: Re-engineered the patenting application and offer process so as to minimize the delays and make it efficient.
Impact of the Amendments
The amendments to the Patent Act 1970 have had profound impacts on the Indian pharmaceutical industry and innovation landscape. The amendments to the Patent Act 1970 have had profound impacts on the Indian pharmaceutical industry and innovation landscape:
- Increased Innovation: Strengthened assurances and financial stimuli give a boost to research and development in biotechnology.
- Affordable Medicines: The combination of compulsory licensing and stringent patentability criteria advocated in this paper is a catalyst in the fight against high drug prices.
- Global Competitiveness: Indian firms are not just demonstrating a global competitiveness in pharmaceuticals, but several of them are now also leaders in the production of generic drugs.
FAQs on Patent Act 1970
What is Patent Act 1970 and its salient features?
The Patent Act 1970 governs patent laws in India, focusing on fostering innovation. Key features include patentability criteria, a 20-year patent term, and provisions for compulsory licensing.
What is Patent Act 2005?
The Patent Act 2005 amendment introduced product patents for pharmaceuticals and agrochemicals, aligned India with TRIPS, and strengthened opposition procedures and compulsory licensing provisions.
What is the main objective of Patent Act 1970?
The main objective of the Patent Act 1970 is to promote innovation and protect inventors rights while ensuring public access to essential inventions through compulsory licensing.
Which is the important section of Patent Act 1970?
Section 3(d) is an important section of the Patent Act 1970, which prevents evergreening by not allowing patents for new forms of known substances unless they result in enhanced efficacy.
What is Section 7 of the Patent Act?
Section 7 of the Patent Act pertains to the form and contents of the complete and provisional specification required for a patent application.
What is the Patents Act 2001?
There is no specific Patents Act 2001, but amendments around that time were part of India's efforts to comply with international agreements like TRIPS.
What is 59 Patents Act?
Section 59 of the Patents Act deals with the amendments of applications and specifications by the applicant or with the leave of the Controller.
What is Section 3 of the Patent Act?
Section 3 of the Patent Act lists inventions that are not patentable in India, including frivolous inventions and methods of agriculture or medical treatment.
Why is a patent important?
A patent is important because it grants inventors exclusive rights to their inventions, encouraging innovation by protecting intellectual property and allowing inventors to commercially benefit from their work.
