A patent means that the government grants the right to the inventor. The patent gives the inventor (or patent, if the patent is grant) the right to exclude others from inventory or use for a period of time usually 20 years. To find out if anyone already has a patent on the product, process or concept that they are considering, one can search for a patent online at the official website.
The Indian Patent Act is defined by various provisions of the 1970 Patents Act, which has been amended since its introduction. Under this Act, patents are granted for inventions that cover an article of a new and innovative process, product or manufacture, which can meet patent eligibility requirements for innovation, innovation phase and potential for industrial application.
Patent testing conduct on request, fast track procedure for expeditious disposal of appeals, pre-grant and post-grant resistance, biodiversity conservation and traditional knowledge, and publish of applications 18 months after the application is file.
Changes in patent law
It is widely believed that the 2005 amendments were due to international pressure, as the World Trade Organization (WTO) has called on India to comply with international drug patents.
In 1995, the WTO’s Commercial Intellectual Property Rights (TRIPS) a deal was sign in Marrakesh, Morocco, where India, along with several other countries, agree to grant 20 – year patents on pharmaceutical products with effect from January 1, 2005. The regime effectively banned the general production of new WTO new.drugs.
In March 2005, the Indian Parliament passed patent regulations to stop local drug manufacturers from copying new drugs developed by other, mainly Western companies. The new law, which amends India’s 1970 patent law, will affect everything from electronics to software to medicines and has been expected for years as a condition for India to join the World Trade Organization.
Previously, companies could copy by adjusting the processes used to make drugs that other companies had invented or invented. As one prominent Indian company executive put it: The winner is the one who can copy fast. Now it’s completely change, so that innovation companies die, especially in the pharmaceutical industry. The new system recognizes register original drugs as products no matter how they are produce, it is illegal to copy drugs under a patent.
Also, the 2005 amendments seem to have eliminated the “evergreen” method of pharmaceutical patents, where owners seek to extend patent life by granting new patents through small “inventions” or by formulations, dosage forms, or minor improvements. Chemical variations of the previous product. However, New Act 10 makes it clear that any invention that enhances the known potential of a substance or results in a new product or uses at least one new reaction can be patented and is only a new form or any new invention. The property or new use of a known material or process is exclude
It is not difficult to prove that a better dosage form is more effective or that a new reaction is involve in the known process of making the product.
These amendments to the Indian Patent Act have raised concerns that Indian companies will face global competition and will now increase the price of medicines in poorer countries supplying Indian generic drugs. Since 2000, the world-famous outrage against the strict regime has become a powerful counter-offensive to the AIDS crisis.
The amendments made by India to the patent law are in line with its WTO obligations on intellectual property and the amended law represents a compromise between the opposite interests. The potential negative consequences for complex and confusing law as a result of this compromise are unavoidable. The new law sometimes seems to exceed the requirements of the agreement on TRIPS, or has specific provisions for India and at other times, appears to be contrary to the TRIPS agreement.
It is also believe that India has shift from one extreme to another since the 1970s Act where opposition to a law that is not a patent-friendly applicant but an innovation is clear. Global doubts about the patent-system have been growing so far, especially in the U.S. At 25, it remains to be see whether the hybrid Indian system stands as a real test of time.
“The works of the founders of the states, the law givers, the cruel destroyers and the heroes cover the narrow spaces and endure for a while, but with less enthusiasm the work process by the inventor feel everywhere and forever.
Importance of Patent registration
It is important because it helps protect the invention. It can protect any product, design or process according to certain specifications according to its originality, practicality, compatibility and utility. This period starts as soon as the applicant file the patent. The first thing an individual must do is file an official application with the Indian Patent Office. Once applicant have published a description of the invention, publicly disclosed, sold or made the product available for commercial use, the application process should be completed.
A provisional application may be file for an invention for which considerable progress has been made, but not complete.
The provisional application will have a priority date for the relevant completed application filed within 12 months of the filing of the provisional application.
One or more provisional applications may be file for patent filing in accordance with the complete application, the date of initial provisional filing being consider as the date on which the relevant full application was file
The full specification is a techno-legal document that describes and accurately claims the concept in the document. The granting of a patent, the execution and the licensing of a patent depend on the quality of the content of the full specification. A poorly designed full specification can put the invention on a plate for others to enjoy for free, but a well-thought-out draft full description empowers the person to restrict others from using the concept without the permission.