123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

India - New Patent Act - The Controversies

Profile Picture
By Author: P.M.George Kutty
Total Articles: 3
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

India finally amended its Patents Act and Rules to become fully compliant with TRIPS on 26th Decemer 2004 by an Ordinance and followed by the Act being passed in January 2005. The black box applications filed under the WTO brand from 1/1/1995 were opened for processing. Even though the amendment opens all areas of technolgy in respect of product patents, some controversies have been created in the interpretation of the amendments. Product patent applications in the field of food and chemicals in general which have been filed before 1/1/2005 and are under process have been denied product protection and restricted to process patent only.The patent office view is that since the Act before amendment, by section 5(1)(b) was not allowing the product patent, the amendment can be effected for product patent in these fields only for applications filed after 1/1/2005. Of course in the case of black box applications in the filed of drugs product patents are being granted.

Another area of controversy doing the rounds is that of eighteen month publication. The order of publications is being questioned as pre grant opposition ...
... is based on these publications. If a later application is published first, then the earlier application if in the same field cannot be cited for novelty purpose. Another angle in which it is debated is because of the provision of provisional protection as later application if published first will get proviisonal protection earlier than the application which was actually filed first.

About the Author Registered Patent Attorney www.pmgip.com

Total Views: 131Word Count: 252See All articles From Author

Add Comment

Legal Articles

1. A Complete Guide To Online Food License Registration In Pune
Author: Startupporta Business Services

2. Why Smart Sellers Choose Virtual Offices: Thegstco’s Gst-ready Solution For E-commerce Growth
Author: shrutika

3. How Human Error Causes Most Train Accidents
Author: Law Offices of Eslamboly Hakim

4. A Guide To Divorce Proceedings In Singapore
Author: Singapore Sole Parent

5. What Is The Role Of Lawyers In Abu Dhabi’s Real Estate Market?
Author: Dr. Hassan Elhais

6. Self-sponsorship Visa Uk: Establishing Your Family Business In The Uk
Author: The SmartMove2UK

7. Trusted Guidance From Family Lawyers In Saskatoon
Author: John Smith

8. The Art Of Cross Examination In Commercial Arbitration
Author: Anna Paquin

9. Step-by-step Guide To Securing 12a Registration For Ngos And Trusts In India
Author: Ishita Ramani

10. Top Packers And Movers In Lahore: Your Ultimate Moving Solution
Author: paker

11. How Outsourcing Medical Record Retrieval Services Improves Efficiency
Author: 1Point1 Solutions

12. Your British Passport: Your Key To The World!
Author: Conroy Baker

13. Motorcycle Lawyer In Lubbock: Your Advocate After A Crash
Author: Mark Taylor

14. Motorcycle Lawyer In Waco: Your Advocate On The Open Road
Author: Mark Taylor

15. Motorcycle Injury Attorneys In Austin: Your Guide To Legal Support After An Accident
Author: Mark Taylor

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: