There Is a Need of Reform In Indian Patent Act

There Is a Need of Reform In Indian Patent Act

A patent refers to the right given for the invention of the new product or process.


Indian Patents Act

Under the different provisions of the patent act 1970 Indian Patent Law is identified. In this provision patent rights are given for creation & covering of the newer inventive processes and being able of fulfilling the basic patent eligibility requirements like having novelty, inventive steps ,able to benefit the people & capable of industrial uses.


Introduction

A patent refers to the right given for the invention of the new product or process. Generally it means a new way of doing something or providing a solution to some complicated concepts. In order to get a patent technical information about the invention must be revealed to the public in the application of patent.

  • When we see the history of patents law it started from 1911 when the Indian  Patents and design act 1911 was enacted.
     
  • Office of the comptroller general of patents, designs & trademarks (CGPDT) is the authority responsible for the Indian patents act.
     
  • The headquarters of the patent office is in the Calcutta & branches also in New Delhi, Chennai & Mumbai.
     
  • The Controller general   sees the act administration & also advices the government on certain matters.
     
  • There were many amendments in the Patents act like 1999,2002, 2005 & 2006 respectively. These amendments are due to make the patents act simultaneous to TRIPS. TRIPS refers to Trade Related Aspects of Intellectual property rights.
     
  • The important amendment held in 2005 when the patents are extended to the various fields food, drugs etc Rules are also amended in 2012,2013 & 2014.


Amendment of Patent Law 2005

It Has Major Extensions of The Product.

Some Are As Follows:

1. Extension of the product patents to the sectors like Food, petrochemicals, Drugs etc.

2. Term of protection: 20 years.

3. Made various provisions for enabling the grant of compulsory license export of the medicines to those countries which have low or no manufacturing capacity.

4. Section 3 has been introduced regarding the patentability.


Impact of The Patents Amendment Act 2005 

There Are Many Effects of The Amendments of Patents.

Some Are As Follows:

1. Due to the enabling of the new patent regime the sudden increase in the prices of the products proves to be a major hindrance. Government has taken various steps to reduce the prices of the drugs and it becomes a reality by a major fall seen after some time.

2. The amendment aims to make the Indian drugs & Pharmaceuticals industries competitive and enable them in competing with the multinational companies of the sector.

3. As we see in the last decade there was a major growth in the Indian drug & pharmaceutical sector due to the modern advancements led by the unique methods of manufacturing, effectiveness & manufacturing led by the patents.

4. It is essential to promote the Research & Development in the Indian Drugs & pharmaceutical sector because the sector is based on the new advancements & modern techniques.


Pharmaceutical & Biotech Patents

The Regulation of The Pharmaceutical & Biotech in India Undergoes A Really Strict Process

  • Section 3 describes the clauses which shows the things which are not patentable that is the new use of the existing substance. The machine results in a new product or at best a new invention can be patented.
  • Provisions allows the patenting of products in petrochemicals, food  processing & drugs, pharmaceuticals etc.


Rights Granted By The Patent

1. If the patent is given for a process, then the patentee has the power to prevent others from using the process like the decision about the offering to sale, selling & importing the product.

2. If the grant is for a product, then the patentee has a right of making, selling & offering for sale for export & import purposes.


Conditions of Patent

The term for every patent in India is for 20 years effect from the date of filling the patent application does not matter whether it is filled with provisional or complete specification. Under the application filled in the patent cooperative treaty (PCT) the period of 20 years begins with International date of filling.


Conclusion

As we know that the patents rights are necessary to control over the new ideas, inventive procedures etc. Central government has always extended the rights beyond the capacities to give the growth & development of the various sectors. It also helps in increasing the competition in the market. These rights also help in the promotion of the unique ideas.


Edited By Team CLIQTAX

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