patent law and 3 amendment

PATENT LAW AND AMENDMENTS

The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection).

The Act VI of 1856 on Protection of Inventions in India enacted on 28 February 1856. Based on the British Patent Law of 1852

Patent law is a specific area of law that encompasses the legal regulation, jurisprudence (the philosophy, science and study of law) and enforcement of specific intellectual property rights known as patent rights.

A patent law is a government issued right granted to individuals or groups

It protects their original inventions from being made, used, or sold by others without their permission for a set period of time.

Objectives:

 Encouragement of inventions of new and useful manufacture.

 To secure the knowledge of the invention from being lost, and … to enable any person … to avail himself of the invention on expiry of the exclusive privilege

THREE AMENDMENTS

First Amendment in 1 999

 Introduced transitional facility to receive and hold patent applications of pharmaceutical and agricultural chemical products (mail box) till 1January 2005 and for grant of Exclusive Marketing Rights for 5 years or till grant of patent.

Second Amendment

 Bill introduced on 20 December 1 999

 Referred to a JPC (Joint Parliamentary Committee) on 22 December 1 999

 Report submitted on 1 9 December 2001

 Bill passed in 2002

 Major changes

 20 year patent period

 Reversal of burden of proof on the infringer

 Establishment of an Appellate Board

 Public interest safeguards and measures for protecting Traditional Knowledge.

Third Amendment  2005

 Based on Observations of JPC

 Wide spread consultations through country wide interactive sessions with interest groups

 Extensive inter ministerial consultations

 Removed transitory provisions

 introduced various flexibilities provided in the TRIPS Agreement including the Doha Round.

Patent Law - Salient Features

 Both product and process patent provided.

 Term of patent – 20 years.

 Examination on request.

 Both pre-grant and post-grant opposition.

 Fast track mechanism for disposal of appeals.

 Provision for protection of bio-diversity and traditional knowledge.

 Publication of applications after 18 months with facility for early publication.

Safeguards in the Patent Law

 Compulsory licences to ensure availability of drugs at reasonable prices

 Bolar Provision for early manufacture of generics

 Parallel, import to check prices.

 Provision to deal with public health emergency.

 Revocation of patent in public interest and also on security considerations.

 Provisions to prevent grant of patents based on frivolous or trivial inventions.

 Provisions to prevent misappropriation of Genetic Resources and Traditional Knowledge.

NOTE:WEB Referred notes.