INDIAN

PATENT
LAW
MAJOR AMENDMENTS IN
PATENT LAW/
INDIAN PATENT HISTORY
HISTORY OF PATENT
Indian patent law evolved during the mid-nineteenth century.

MAJOR AMENDMENTS:

1. 1856: First Patent was passed in British India and Privileges were granted to
inventors over their inventions for a period of 14 years.

2. 1859: The act was modified and exclusive privileges were granted to inventors
for making, using, and selling their inventions within India for a period of 14
years, from the data file in this specification.

3. 1872: The Patterns and the Design Protection Act was followed by the
Protection of Invention Act in 1883. and later, the law was consolidated in
1888 by the Invention and design Act.
4. 1911: Indian Patent and Design Act which was repealed by the current act
“Indian Patent Law” and the term period of the patents for the inventions was 14
years extended to 16 years through the amendment. The term for a patent is 14
years extended to 16 years through amendments also When the patentee applies
for the patent application at the time of filing the patent, the patentee can file a
provisional specification before a complete specification.

{A provisional specification provides a general description of the invention

whereas, a complete specification gives full and complete details of the
invention. When the provisional specifications are submitted with the patent
application, the complete specifications must be filed within 12 months from the
date of filing the patent application and on failure to do so, the application will be
deemed cancelled.}
5. 1970: The patent that was enacted based on the recommendation of the
Ayyangar Report. That is, the report was submitted by Justice N. Rajagopal
Ayyangar. The act came into force on 20 April. 1972.
The Patents Amendment Act
1999
Section 5 of the Indian Patent Act 1970, Provides only process paint and
protection for inventions relating to food, medicine, and drugs.
India was required to grant exclusive marketing rights to medicines or drugs
as an alternative to product payment protection during the transitional
period.
To fulfill this requirement under the TRIPS, the patent act was amended in
1999 to introduce Chapter IV A relating to exclusive marketing rights for
medicines, and drugs during the transitional period.
Exclusive Marketing Rights
The Patents Amendment Act 1999 added a new chapter. That is Chapter IV A,
consisting of sections 24A to section 24F with retrospective effect from 1-1-995 the
exclusive marketing right to sell or distribute an article or substance in India.
The controller shall not refer such an application to the examiner for making a report
till the 31st day of December 2004.
Once the EMR is granted, typically valid for a period of five years.

During the transitional the patent office accepts the product patent applications for
food medicine and drugs and keeps in them ie, is known as a mailbox application.
These application where often for examination for the grand of painted only after the
1st of January. 2005
 The Patent Amendment Act
2002.
The definition of the term invention was substituted by a new definition, which
Includes inventive steps as an element of an invention.
Before the amendment, the inventive step was not a patentable criterion for a
granted patent.
The amendment defined the meaning of inventive step and industrial application.

i. Inventive Step: Sec 2(1)(ja): Inventive step means a feature of an invention

that involves technical advance as compared to existing knowledge, or having
an economic significance of both. And that makes the invention not obvious to
the person killed in the art.

ii. Capable of Industrial Application: Sec 2(1)(ac): To an invention means the

invention is capable of being made and used in an industry.
 The term of patent was 16 years for all inventions and exceptions were made for
food products, drugs, or chemicals was five years. It is extended to seven years.
The amendment to 16 years extended to 20 years from the filing of the
application of all inventions.
New sections were incorporated, a patent application cannot be filed abroad
without permission from the control general or central government, or both expiry
of six weeks from the date of filing the application in India (Sec 39).
The provisions relating to granting license of rights were omitted and new
provisions relating to compulsory license were incorporated. Sec 83-94)
The Patents Amendment Act
2005
The transitional given to India under the TRIPS agreement ended in December
2004.
 The Indian Parliament passed the Indian Patent Act of 2005 in order to bring the
Indian patent law in conformity with the TRIPS agreement.
Sec 3(d): This section was substituted by a new clause, which provided that the
discovery of new forms of property or use of a known substance was not
patentable unless it resulted in enhanced efficacy.
The primary object of this class was to prevent pharmaceutical companies from
obtaining patent protection over modification of known molecules or chemical
entities.
Sec 5 and Chapter IV A was omitted.

Various provisions of the act were modified in order to give recognition of patent
cooperation treaty applications, provisions have been incorporated in the act with
regard to filing priority, processing, and so on of patent cooperation treaty
application.
MAJOR INTERNATIONAL
CONVENTIONS
Paris Convention
ORIGIN OF CONVENTION: Initially, the inventions were kept secret so that it is
well protected.
As technology developed periodically as a matter of national prestige, the
inventions were exhibited. At the Paris exhibition in 1867, Germany received the
first genuine recognition as an industrial nation.
During the 1873 Vienna Exhibition conducted Americans refused to participate in
the exhibition. And the reason for refusal is Americans need intellectual property
protection for the creation from the German nation so that the ideas are well
protected.
This leads to the origin of Paris Convention.
Paris Convention for the Protection of Industrial Property was signed in 1883 by
14 contracting states also called convention countries.
It was the first major international convention relating to industrial property.

The main object of the convention is to enable applicants to obtain international

intellectual property protection by requiring the convention countries to give
national treatment recognize priority rights and so on.

{National treatment: Each of the convention countries is required to treat patent

applicants from all the other convention countries in the same manner as its own
applicants.
Priority Rights: The convention requires each of the convention countries to
recognize the date of filing the patent application in any of the convention
countries as the date of priority for the patent application filed in that country,
provided such application is filed within 12 months from the date of first filing.}
The convention also provided the minimum standard protection to be followed by
all convention countries.
Patent Corporation Treaty.
 The Patent Corporation Treaty was adopted in Washington in 1970 by member
states in order to bring about cooperation between members regarding
international patent filing, searching examination, and other technical services.
PCT provides an international filing process for obtaining patents in multiple
countries.
And also enables an applicant in a member state to file a patent application and
obtain a patent in all countries, designated in the application.
In 1998 India recognised PCT.
TRIPS Agreement
India became a member of the World Trade Organisation in 1995 and as a
member India, was bound to comply with various agreements that govern World
Trade Organisation members and one of the agreements was TRIPS.
TRIPS is the most comprehensive multilateral agreement on intellectual property.

This agreement also provides minimum standard protection for intellectual

property.
And also given additional protection under the Paris Convention.

This agreement provides domestic procedures and remedies to be implemented

for enforcement of IP rights.
It also set forth provisions for dispute settlement for resolving disputes regarding complaints.

• The agreement provides mechanisms for resolving disputes related to intellectual property.

• It ensures fair treatment and enforcement of IP rights.

The member states have the freedom to implement the minimum standard in their legal system
in an appropriate manner and may provide stronger production under their national laws.
It covers copyrights, including authors and other copyright holders, as well as holders
of related rights (such as performers, sound recording producers, and broadcasting
organizations).
• TRIPS facilitates trade by encouraging innovation and knowledge dissemination.

• It recognizes the importance of IP in international commerce.

WIPO
The World Intellectual Property Organization (WIPO) is a specialized agency
of the United Nations, established in 1967. Its primary mission is to promote
intellectual property (IP) protection and encourage creative activity worldwide.

[Link] Forum for IP Policy and Cooperation:

WIPO serves as a global forum where countries collaborate on IP-related matters.
It facilitates discussions, policy development, and cooperation among member states.

[Link] Services and Information:

WIPO provides a wide range of services related to patents, trademarks, industrial
designs, and copyright.
It offers tools and databases for IP research and protection.
3, IP Protection and Benefits:
Intellectual property (IP) translates ideas into valuable assets.
IP benefits creators, innovators, and society by fostering economic and social progress.

4. WIPO’s Role in Shaping IP Norms:

WIPO sets norms, standards, and best practices related to IP.
It serves as a platform for exchanging ideas and addressing global challenges.
Kinds of Patent
[Link] Patent:
Product patents protect the end result or the actual product itself. They grant
exclusive rights to the inventor over the product, preventing others from making, using,
or selling the same product.
These patents protect new and useful products or substances, including their
composition, structure, and functionality.
For instance, a novel pharmaceutical drug or a unique electronic device can be covered
by a product patent.
 Product patents create a monopoly for the inventor, allowing them to control the
commercialization of their invention
2. Process Patents:
Process patents, on the other hand, protect the manufacturing process used to
create a product. They do not cover the end product itself but focus solely on the
steps involved in its production.
Process patents safeguard innovative methods or processes used to create,
manufacture, or produce something.
These patents focus on the steps involved rather than the end product.
Process patents do not reduce competition; others can still create the same
product using a different method.
Unlike product patents, process patents do not create a complete monopoly over
the end product.