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

India - Patents (amendment) Act, 2005

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

The Government of India has met the December 31 deadline for complying with its obligation to World Trade Organisation (WTO) under TRIPs agreement, by promulgating an Ordinance - The Patent (Amendment) Ordinance, 2004 followed by the Act - Patent (Amendment) Act, 2005.

Under TRIPS, India was required to introduce product patent where only process patent was permitted. Procedural changes were also required to be made as per Patent Co-operation Treaty (PCT). The new Act ensures adequate safeguards against misuse of patent rights and vests enough power with the Government to intervene and ensure that patented inventions are available for the public at an affordable price.

In nutshell, the most important changes are:

·Product Patent can be issued in respect of food, drugs and chemicals. Provisions of 'process patent' for these goods abolished.

·Provisions in respect of EMR (Exclusive Marketing Rights) abolished.

·Computer software per se is not patentable, but in combination with or embedded in hardware is patentable.

·Provision of 'acceptance of specification' ...
... and its advertisement have been deleted.

·Provision for pre-grant and post-grant opposition to the granting of a patent.

·Application for patent will be published in Official Journal. At that time opposition can be made on limited grounds but hearing is not mandatory.

·After grant of patent, opposition can be made within 12 months.

·Provision of sealing of patent omitted.

·Provision for acquisition of patent for public health purposes.

·Suit for infringement of patent cannot commence before date of publication of publication of the application.

·Penalties enhanced substantially.

About the Author Registered Patent Attorney of www.pmgip.com

Total Views: 180Word Count: 246See All articles From Author

Add Comment

Legal Articles

1. Filing Bankruptcy Reno: A Professional Guide To Navigating The Process
Author: Recovery Law Group

2. The Role Of Bankruptcy Attorneys In Preventing Foreclosure: Your Guide To Saving Your Home
Author: Recovery Law Group

3. Investment Law Firms In China And The Rise Of Skilled Maritime Lawyers
Author: Shanghai Ganus Law Firm

4. When You Need A Rhode Island Criminal Lawyer: What To Know Before You Hire One
Author: Law Office of John R. Grasso

5. Best Cyber Crime Lawyer In Noida For Technical Crime Solutions
Author: Right to Law

6. About Legal Translation
Author: iTransling Legal Translation Services

7. Unlocking Business Opportunities In The Emirates: A Legal Perspective
Author: Aliya Khan

8. Chapter 13 Bankruptcy Austin, Tx: A Path To Financial Relief
Author: Recovery Law Group

9. Key Factors To Evaluate Before Hiring A Property Lawyer In Dubai
Author: Dr. Hassan Elhais

10. Link Building For Lawyers: A Proven Strategy To Boost Your Law Firm’s Online Visibility
Author: Attorney Ranking

11. Chapter 7 Bankruptcy In California: Relief And Legal Help
Author: Recovery Law Group

12. Bicycle Accident Attorney In Chamblee Essential Guidance
Author: Bicycle Accident Attorney in Chamblee

13. Navigating Legal Disputes: A Comprehensive Guide To Litigation Services In Kazakhstan
Author: Haider

14. Best Personal Injury Lawyer In Chamblee
Author: Best Personal Injury Lawyer in Chamblee

15. Wrongful Death Case Financing: When Families Are The most In Need Of Financial Help
Author: Amelia Thompson

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