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Evolution of Patent Law

 ACT VI of 1856 on Protection of inventions was enacted. It is

based on the British patent Law. (Provided Exclusive Privilege)

 1856 Act was modified and Act XV 1859 was enacted.

 Exclusive Privilege making , selling , using and authorizing

the invention.
 Subsequently Patent Designs Protection Act was adopted in
 Again in 1883 Protection of Inventions Act was adopted.
 Patent Designs Protection Act and Protection of
Inventions Act was consolidated in 1883 as the Inventions and
Designs Act,1888

 In 1911 the Indian Patent and Designs Act was enacted.

 After Independence, it was felt that the Indian Patents & Designs
Act, 1911 was not fulfilling its objective. It was found desirable to
enact comprehensive patent law owing to substantial changes in
political and economic conditions in the country.
 A Patents Enquiry Committee was set up to revise the working of
the Patent Law in India.

 A report was submitted on the basis of which a bill was

introduced in the Lok Sabha- majorly based on UK Patent

 1957 Justice Rajagopal Ayyangar as appointed to review an

examine afresh.

 The Patents Act (act 39 of 1970) came into force on a

20th April, 1972.
Patent Rules
 Patents Rules, 1972 were notified and brought into force
w.e.f. 20.4.1972.

 These Rules were amended from time to time till 20 May

2003 when new Patents Rules, 2003 were brought into force
by replacing the 1972 rules.

 These rules were further amended by the Patents

(Amendment) Rules, 2005 and the Patents (Amendment)
Rules, 2006. The last amendments are made effective from 5
th May 2006.
Amendments to Patent Act,1970
 On march 26, 1999 Patents (Amendment) Act, (1999)
came into force from 01-01-1995.

 The Patents (Amendment) Act 2002 came into force from

20th may 2003.

 The Patents (Amendment) Act 2005 effective from

1st January 2005
Patent Amendment (An overview)
 Estd. of WTO 1995 and adoption of TRIPS Agreement led to changes in
the IPR regime worldwide.

 India became one of the founding members and thereby was obligated to
bring the National Laws in tune with the obligations under the TRIPS

 The Patent Act,1970 s thereby amended in a phased manner.

 Exclusive marketing Rights (EMR) was introduced by inserting Ch-

IV-A (S.24A-24F). It provided exclusive marketing rights to sell or
distribute certain articles or substances.

 Patent Amendment Act was also given retrospective effect from 1st
 The amendment made by way of inserting Chapter IV-A
giving EMR was a transitional agreement. (Omitted by
2005 Amendment)
 Uniform term of 20 years was provided to all categories of
invention (ART.33 of theTRIPS Agreement) S.53

 The definition of “Invention” was amended to include product

and process patent involving inventive step and capable of
industrial application.

 Discovery of living and non living things occurring in nature

became non patentable.

 Introduced Provision for filing request for examination by any

other interested person. (S.11B)
 Grounds of filing opposition was enlarged – non disclosure/
wrongly mentioning geographical origin of the
biological material, anticipation of knowledge within
any local or indigenous committee.

 Inserted Sec.107A – Certain acts not considered to be


 Appeal board was established to deal with appeals against the

decision of controller of Patents.

 Priority Date was extended to 12 months.

 Product patent was issued in areas like drug, food and

 Definition of inventive step was revised prior to the amendment it

would include non obviousness as the revised definition is narrower
as it requires two ingredients – technical advancement,
economic significance along with non- obviousness.

 Mere discovery of the new form of known substance has been

made non- patentable inventions.

 S.107-A was added whereby the use of patent for development and
submission of information for regulatory approval will not be an
 Sec.107-A(b) was added which provides for provision for
parallel import from a person who is authorised.

 Provision for compulsory licensing in case of patented

medicines to meet public health emergencies such as HIV,

 Provision of pre and post grant objections were added S.25.

 In case of mailbox application the patent right will be

available from the date it is granted and not from the date of
making the application.
 Provision for EMR was omitted.
 Govt. could revoke a patent if it was mischievous to the
state or prejudicial to the public.
 Patent protection for computer software