INDIA - Govt notifies Draft Patent Rules

Written 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 inrepparttar Gazette of India.

The Rules which are essentially procedural are prepared to make required changes consequent torepparttar 146842 amendment torepparttar 146843 Patents Act, 1970 byrepparttar 146844 Patents (Amendment) Act, 2005.

India - Patents (Amendment) Act, 2005

Written by P.M.George Kutty


The Government of India has metrepparttar 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 byrepparttar 146704 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 withrepparttar 146705 Government to intervene and ensure that patented inventions are available forrepparttar 146706 public at an affordable price.

In nutshell,repparttar 146707 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.

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