HISTORY AND DEVELOPMENT OF PATENT LAWS IN INDIA

Authors:

Kavya Murugesan, School of Excellence in Law

Bhavya Venkatachalam, Ansal University

Mansi Bagh, Gitam School of Law, Gitam University

Editor:

Meghaa G., TNNLU

A Patent is generally referred to as an exclusive right granted to an inventor who has invented a new and useful article for a limited period of time. The term “Patent” got its statutory meaning through the Indian Patents Act, 1970. This right helps to encourage the inventors to invent new articles.

History of Patent laws in India:

Though the rise of inventions has increased in various fields in the 19 CE, the essentials of a patent like novelty, inventive step & the lack of its non-obviousness have remained the same, ever since 400 hundred years ago.

The history of the Patent system in India can be traced back to the British period in India. The first patent legislation enacted in India was Act VI of 1856[1] for the protection of inventions. This was enacted purely based on the British Patent Law, 1852[2]. This Act provided some exclusive rights to the inventor for a period of 14 years. However, it was then later repealed by Act IX of 1857[3], as the previous Act was adopted without the approval of British Crown.

The same act was modified through the Act XV of 1859[4], where it introduced “exclusive privilege” to the inventor for the period of 14 years from the date of filing of specification. This modified legislation was based on the UK Act of 1852[5]. This Act was then renamed and passed as The Patterns and Designs Protection Act in 1872[6]. Later, it was further amended as The Protection of inventions Act in 1883 with its main focus on the protection of novelty of invention before making an application for its protection (which were disclosed in Exhibition of India). Later some amendments were made in UK law, to adopt its changes in Indian law, the 1883 Act was further integrated & adopted as Inventions and Designs Act in 1888.

Earlier jurisdiction to Patent Act was High Court of Presidency towns of Madras, Bombay and Calcutta, but only under Act V of 1888[7], the jurisdiction was extended further to other courts of territory of India beyond the Presidency towns.

Later with the development and increase of many new inventions to protect the interest of Inventors, British rulers enacted Indian Patent & Designs Act, 1911[8] thereby repealing all the previous patent laws in India.

Post-Independence Developments in Indian Patent Laws:

The historical backdrop of the modern Patent law in India begins from 1911 when the Indian Patents & Designs Act, 1911 was established[9]. The 1911 Act supplanted all the past Acts and brought patent organization under the administration of Controller of Patents. After Independence, it was felt that the Indian Patents and Designs Act, 1911 was not satisfying its target.

In 1957, the Government of India delegated Justice N. Rajagopala Ayyangar Committee to analyze the latest Patent Law. The report of the Committee was submitted in September 1959 in two segments. The initial segment managed general parts of the Patent Law & the subsequent part gave a definite note on the few conditions of the slipped by bills 1953.

The majority of the arrangements of the 1970 Act were brought into power on 20 April 1972 with the distribution of the Patent Rules, 1972. This Act stayed in power for around 24 years with no change until December 1994. A mandate affecting certain adjustments in the Act was given on 31 December 1994. Another mandate was given in 1999. This mandate was consequently supplanted by the Patents (Amendment) Act, 1999 on 1 January 1995. The altered Act required documenting the uses of item licenses in the zones of medications, pharmaceuticals and agro-synthetic compounds. However, such licenses were later not permitted.

The second alteration to the 1970 Act was made through the Patents (Amendment) Act, 2002 (Act 38 0f 2002). This Act came into power on 20 May 2003 with the presentation of the new Patent Rules, 2003 by supplanting the previous Patents Rules, 1972.

The third revision to the Patents Act 1970 was presented through the Patents (Amendment) Ordinance, 2004 w.e.f. 1 Jan2005. This Ordinance was later supplanted by the Patents (Amendment) Act 2005 (Act 15 of 2005) on 4 April 2005 which was brought into power from 1-1-2005.[10]

After the revision, the provisions regarding Exclusive Marketing Rights (EMRs)[11] have been revoked and a provision for empowering awards of a necessary permit has been presented. The arrangements relating with pre-award & post-award resistance have been additionally presented. A development regarding an item or a procedure that is new, including imaginative advance & fit for the modern application can also be protected in India.

Latest Development:

The Patents (Amendment) Act, 2005 & the Patent (Amendment) Rule 2005 came into enforced on 1 January 2005. It makes sure that the period for grant of a patent has also been shortened by considerably allowing the publication of the application & also the new procedure for filing is as follow below:

· Application made under FORM 1 (for Indian as well as PCT patent)

· If the process starts with filing a “Provisional Specification” then Complete Specification has to be filed within 12 months. No extension of time is allowed under any circumstances

· Request for early publication vide FORM 9 can be made to the controller (optional)

· After publication, pre-grant opposition is invited from the public[12]

· Simultaneously, request for examination can be made within 48 months of the priority date

· A First Examination Report (FER) is furnished wherein any objections are communicated to the patentee or his authorized patent agent or patent lawyer. These have to be responded within 6 months from the date of the communication[13]

· Once objections are removed & the application found to be in order, the patent is granted under Section 43

· Then with the seal of the patent office, the data on which it is granted is entered in the register of patents

*if any changes or amendments are substantive in the patent which that has been granted, then that shall be advertised by the controller.

Conclusion

Observing the above data, it is apparent that the development in Patent laws in India has gone through dramatic changes of amendments & has also developed into a strong regime as per the version of work made into the scene across the world since its origin & embodiments in law centuries ago.

Recent developments in the various fields in the patents have given new changes with respect to the initiatives of European Community, patents system & biotechnology, animal varieties, plant varieties and patents & the computer-related inventions, and has also been with respect to current international & national patent laws. Not only it has only brought a few of the very development/evolution relating to patents in the national/international scenario, but it has also refined the procedure.

The diversified nature and continually evolving nature of these developments provide seamless services to the user by utilizing & implementing digital technology. It has made significant efforts in diminishing examination timelines & other improvements steps through events such as an efficient filing system for applicants which resulted in improving the bonding relation to both the patent system prosecution and enforcement. As for the patent office, it has also focused on simplifying & clarifying various procedures, which is an admirable step for the near future of the Indian IP ecosystem.

[1] Controller General of Patents, Designs & Trade Marks, History of Indian Patent system, INTELLECTUAL PROPERTY INDIA (July, 07, 2020, 10:45 PM), http://www.ipindia.nic.in/history-of-indian-patent-system.htm#:~:text=Based%20on%20the%20recommendations%20of,Parliament%20in%201953%20(Bill%20No.&text=This%20report%20recommended%20major%20changes,%2C%201965%2C%20which%20however%20lapsed. [2] G .Krishna Tulasi and B. Subba Rao, A detailed study of Patent system for protection of inventions, INDIAN JOURNAL OF PHARMACEUTICAL SCIENCES, (July, 06,2020, 08:15 PM), https://www.ijpsonline.com/articles/a-detailed-study-of-patent-system-for-protection-of-inventions.html [3] Historical Evolution Of Patent Regime In India, 07-chapter 2, (July, 07, 2020, 10:45 PM), https://shodhganga.inflibnet.ac.in/bitstream/10603/128146/14/07_chapter%202.pdf [4] Controller General of Patents, Designs & Trade Marks, History of Indian Patent system, INTELLECTUAL PROPERTY INDIA (July, 07, 2020, 10:45 PM), http://www.ipindia.nic.in/history-of-indian-patent-system.htm#:~:text=Based%20on%20the%20recommendations%20of,Parliament%20in%201953%20(Bill%20No.&text=This%20report%20recommended%20major%20changes,%2C%201965%2C%20which%20however%20lapsed. [5] Controller General of Patents, Designs & Trade Marks, Manual of Patent practice and Procedure, THIRD EDITION ,7,(2008). [6] G .Krishna Tulasi and B. Subba Rao, A detailed study of Patent system for protection of inventions, INDIAN JOURNAL OF PHARMACEUTICAL SCIENCES, (July, 06,2020, 08:15 PM), https://www.ijpsonline.com/articles/a-detailed-study-of-patent-system-for-protection-of-inventions.html [7]Historical Evolution Of Patent Regime In India, 07-chapter 2, (July, 07, 2020, 10:45 PM), https://shodhganga.inflibnet.ac.in/bitstream/10603/128146/14/07_chapter%202.pdf [8] G .Krishna Tulasi and B. Subba Rao, A detailed study of Patent system for protection of inventions, INDIAN JOURNAL OF PHARMACEUTICAL SCIENCES, (July, 06,2020, 08:15 PM), https://www.ijpsonline.com/articles/a-detailed-study-of-patent-system-for-protection-of-inventions.html [9] Historical Evolution Of Patent Regime In India, 07-chapter 2, (July, 06, 2020, 10:45 PM), https://shodhganga.inflibnet.ac.in/bitstream/10603/128146/14/07_chapter%202.pdf [10] Krual Parik & Maheshkumae Kataria, Amendments In Patent Act- 1999,2002 And 2005- Overview And Comparison, PHARMATUTOR,(jULY 07, 2020, 07:00 PM), https://www.pharmatutor.org/articles/ammendments-patent-act-1999-2002-2005-overview-comparison [11] Shubanghi Sharma, Patent laws in India : basics you must know, IPLEADERS,(July, 06, 2020, 07:45 PM), https://blog.ipleaders.in/what-is-a-patent-law-in-india/ [12] Rajeev Kumar and Pankaj Musyuni, India: Patent Law Developments In India, MONDAQ,( July 07, 2020, 6:30 PM),https://www.mondaq.com/india/patent/748102/patent-law-developments-in-india [13] Rahul Dev, Patent Law in India: An overview, RAHULDEV,(July 06, 2020, 05:30 PM), https://patentbusinesslawyer.com/overview-of-patent-law-in-india/

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