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History of Patent

The document outlines the history of patent law in India, beginning with the Act VI of 1856, which granted exclusive privileges to inventors for 14 years. It details subsequent developments, including the Indian Patents and Designs Act of 1911 and the Patents Bill of 1965, which aimed to address the shortcomings of earlier laws. The current framework was established with the Patents (Amendment) Act of 2005, aligning Indian patent law with the TRIPS Agreement.

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17 views3 pages

History of Patent

The document outlines the history of patent law in India, beginning with the Act VI of 1856, which granted exclusive privileges to inventors for 14 years. It details subsequent developments, including the Indian Patents and Designs Act of 1911 and the Patents Bill of 1965, which aimed to address the shortcomings of earlier laws. The current framework was established with the Patents (Amendment) Act of 2005, aligning Indian patent law with the TRIPS Agreement.

Uploaded by

20lw2a1022
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

INTELLECTUAL PROPERTY LAW- PROF.

PREETHI K

History of Patent Law

Act VI of 1856 on Protection of Inventions (based on British Patent


Law, 1852)
Certain Exclusive privileges were granted to the inventors of new
manufacturers for 14 years
modified

Act XV in 1859
Patent monopolies, which is an exclusive privilege for making, selling and
using inventions and authorizing others to do so in India, were granted for
a period of 14 Years from the date of filing specification.

Adoption of
Patents and Designs Protection Act in 1872
(these two acts
were consolidated as)
Protection of Inventions Act in 1883
Inventions and
Designs Act in
1888

Indian Patents and Designs Act, 1911


It was felt that this act didn’t address the needs of the society and it failed
to keep in line with the industrial progresses.

Patents Enquiry Committee


1948- Committee appointed by the Government
1950- Final Report submitted
1953- Patents Bill introduced in the Lok Sabha

1
INTELLECTUAL PROPERTY LAW- PROF. PREETHI K

Bill is highly based on U.K. Patents Act,1949 and it incorporated some of


the recommendations of the committee. It was lapsed on the dissolution
of the First Lok Sabha.

Justice Raja Gopala Ayyangar- appointed by the Government in


1957
 To review the patents laws in India and to give advice to the
government on the changes required.
 He pointed out that the same patent law would operate differently
in industrial and under-developed countries because of different
technological and economic development.
 He agreed with the views of the Patents Enquiry Committee that
“Indian patent system has failed in its main purpose to stimulate
invention among Indians and encourage the development and
exploitation of new inventions for industrial purposes in the country
to secure the benefits to the public.
 A Comprehensive report on Patents Law Revision was submitted in
September 1959.
 Certain changes with reference to drugs, food and medicines were
made

 This report became basis for the Patents Bill, 1965.


 It was introduced in the Lok Sabha in 1965.
 It was referred to a Joint Committee of Parliament. After careful
consideration, numerous amendments were adopted.
 The amended Bill was moved in the Lok Sabha in 1966.
 It lapsed due to the dissolution of the Lok Sabha in 1967

The Patents Bill again introduced in the parliament and passed by both
the houses in 1970.
The Act came into force on 1972.
It was amended in 1999, 2002 and 2005.

2
INTELLECTUAL PROPERTY LAW- PROF. PREETHI K

The Patents (Amendment) Act, 2005 seeks to bring the Indian Patents Act
in line with the TRIPS Agreement.

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