INDIA - Govt notifies Draft Patent RulesWritten by P.M.George Kutty
The Department of Industrial Policy & Promotion, Ministry of Commerce and Industry on 24 July 2005 notified Draft Patents Rules 2005 which was published in Gazette of India.
The Rules which are essentially procedural are prepared to make required changes consequent to amendment to Patents Act, 1970 by Patents (Amendment) Act, 2005.
India - Patents (Amendment) Act, 2005 Written by P.M.George Kutty
The Government of India has met December 31 deadline for complying with its obligation to World Trade Organisation (WTO) under TRIPs agreement, by promulgating an Ordinance - The Patent (Amendment) Ordinance, 2004 followed by Act - Patent (Amendment) Act, 2005.
Under TRIPS, India was required to introduce product patent where only process patent was permitted. Procedural changes were also required to be made as per Patent Co-operation Treaty (PCT). The new Act ensures adequate safeguards against misuse of patent rights and vests enough power with Government to intervene and ensure that patented inventions are available for public at an affordable price.
In nutshell, most important changes are:
ĚProduct Patent can be issued in respect of food, drugs and chemicals. Provisions of 'process patent' for these goods abolished.
ĚProvisions in respect of EMR (Exclusive Marketing Rights) abolished.