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    Indian Patents Act 1970 and Recent Amendments

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    Harneet Kaur Kansal
    The document discusses the history and amendments of the Indian Patents Act of 1970. It notes that the original act aimed to reduce reliance on foreign corporations and encourage local industry by only allowing process patents for food, medicine, and chemical inventions. The 1970 act had a short 14-year patent period. Recent amendments were made to comply with TRIPS and allow product patents, including for pharmaceuticals, by 2005 as required by India's membership in the WTO. The amendments sought to introduce product patents while encouraging research, technology transfer, and domestic industry growth.

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    Indian Patents Act 1970 and Recent Amendments

    Uploaded by

    Harneet Kaur Kansal
    4K views7 pages
    The document discusses the history and amendments of the Indian Patents Act of 1970. It notes that the original act aimed to reduce reliance on foreign corporations and encourage local industry by only allowing process patents for food, medicine, and chemical inventions. The 1970 act had a short 14-year patent period. Recent amendments were made to comply with TRIPS and allow product patents, including for pharmaceuticals, by 2005 as required by India's membership in the WTO. The amendments sought to introduce product patents while encouraging research, technology transfer, and domestic industry growth.

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    INDIAN PATENTS ACT 1970 AND RECENT AMENDMENTS

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    The document discusses the history and amendments of the Indian Patents Act of 1970. It notes that the original act aimed to reduce reliance on foreign corporations and encourage local industry by only allowing process patents for food, medicine, and chemical inventions. The 1970 act had a short 14-year patent period. Recent amendments were made to comply with TRIPS and allow product patents, including for pharmaceuticals, by 2005 as required by India's membership in the WTO. The amendments sought to introduce product patents while encouraging research, technology transfer, and domestic industry growth.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    4K views7 pages

    Indian Patents Act 1970 and Recent Amendments

    Uploaded by

    Harneet Kaur Kansal
    The document discusses the history and amendments of the Indian Patents Act of 1970. It notes that the original act aimed to reduce reliance on foreign corporations and encourage local industry by only allowing process patents for food, medicine, and chemical inventions. The 1970 act had a short 14-year patent period. Recent amendments were made to comply with TRIPS and allow product patents, including for pharmaceuticals, by 2005 as required by India's membership in the WTO. The amendments sought to introduce product patents while encouraging research, technology transfer, and domestic industry growth.

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    of 7

    INDIAN PATENTS ACT 1970 AND

    RECENT AMENDMENTS
    INDIAN PATENTS ACT 1970 AND
    RECENT AMENDMENTS
     The patent system was first introduced in India in 1856
     The Act of 1856 provided exclusive right to the patent holder for a
    period of 14 years
     The Indian Patents and Design Act, 1911 replaced the above act
    but, the provisions remained the same
     Post-Independence, a need was felt to revamp the laws related to
    patents so as to reduce the stronghold of MNCs (Multi National
    Corporations) and provide an impetus to local industrial growth
     Considerable efforts went into formulating the Indian Patents Act,
    which was introduced as a Bill in Parliament of India in 1970 and
    finally enacted from 20th April 1972.
     The Indian Patent Act, 1970 was modeled to promote the industrial
    process development and to encourage inventions and also secure
    that the inventions are worked in India on a commercial scale
    IMPORTANT PROVISIONS OF INDIAN
    PATENT ACT (IPA) 1970
     The IPA 1970 prescribed product patents for all
    inventions except food, medicine, drugs and substances
    produced by chemical process
     For these only process patents could be registered

     The patent protection period was 14 (fourteen) years, the


    shortest period granted by any country
     In fact, in case of food, chemicals, pharmaceuticals and
    agrochemicals, the patent period was only 5 years from
    the date of sealing or 7 (seven) years from the date of
    patent filing, whichever was lesser
     Compulsory Licensing: In case of non-working of patent i.e. if the
    patent holder does not commercialize his invention, the Act prescribed
    that after three years of sealing of a patent, any other person can apply
    for compulsory licensing on the grounds of public benefit
     Compulsory Working of Patent: The act mandated the compulsory
    working (manufacturing of products registered under IPA 1970) of all
    the patented products in India. This resulted in technology transfer and
    infrastructure building leading to creation of huge number of technical
    jobs
     The basic philosophy of IPA 1970 was to disallow monopoly but
    instead encourage research and help in overall growth in these sectors.
     Besides agriculture and horticulture, biological materials and life
    forms are excluded from the scope of patentability. Space and atomic
    energy was also outside the patent ambit
    THE RECENT AMENDMENT TO THE
    INDIAN PATENTS ACT 1970
     India is original signatory to WTO (World Trade Organization),
    which was born on 1st January 1995
     India along with 137 countries signed the WTO treaty on 15th April
    1994 to bring it in effect from 1st of January 1995
     TRIPs (Trade Related aspects of Intellectual Property), which is one
    of the important part of WTO, under which, product patenting was
    required to be introduced by WTO member countries effective from
    1995. Since a patent right is trade related, India, being a member of
    the World Trade Organization is mandated to make its patent-related
    laws (the Patent Act 1970) and other trade-related IPR laws conform
    to the Trade Related Aspects of Intellectual Property Rights (known
    as TRIPS) norms
     Many developing countries, including India, however, were given a
    10-years grace period for introduction of product patenting till 1st
    January 2005
     The basic objective of the recent amendments to the Patent Act
    was to introduce product patenting in pharmaceuticals,
    agrochemicals and food sectors for which IPA 1970 was
    granting process patents
     The Act has been amended twice – in 1999 and 2002

     In 2001, the provision of exclusive marketing rights (EMRs)


    was introduced. This was a transitional arrangement till the
    introduction of the TRIPs-mandated product patents in
    pharmaceutical, agrochemicals and food sectors.
    THANK YOU

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