Evolution of Patent System in India

7/25/2019 Evolution of Patent System in India

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INTELLECTUAL PROPERTY OF RIGHTS

EVOLUTION OF PATENT SYSTEM

IN INDIA

PRESENTED BY

M. KRISHNA RAO,LAW OFFICER


2/19

Brief about Indian Patent System

The first legislation in India relating to patents

was the Act VI of 1856. The objective of thislegislation was to encourage inventions of new

and useful manufactures and to induce

inventors to disclose secret of their inventions.

The Act was subseuentl! repealed b! Act I"of 185# since it had been enacted without the

approval of the $ritish %rown .

&resh legislation for granting 'e(clusiveprivileges) was introduced in 1 85* as Act "V of

185*.


3/19

This legislation contained certain

modifications of the earlier legislation+ namel!+

grant of e(clusive privileges to useful inventionsonl! and e(tension of priorit! period from 6

months to 1, months.

This Act e(cluded importers from the

definition of inventor.

This Act was based on the -nited ingdom

Act of 185, with certain departures which

include allowing assignees to ma/e applicationin India and also ta/ing prior public use or

publication in India or -nited ingdom for the

purpose of ascertaining novelt!.


4/19

In 18#,+ the Act of 185* was consolidated to

provide protection relating to designs. It was

renamed as 0The atterns and 2esignsrotection Act3 under Act "III of 18#,.

The Act of 18#, was further amended in

1884 "VI of 1884 to introduce a provision to

protect novelt! of the invention+ which prior to

ma/ing application for their protection were

disclosed in the 7(hibition of India.

A grace period of 6 months was provided forfiling such applications after the date of the

opening of such 7(hibition.


5/19

This Act remained in force for about 4 !ears

without an! change but in the !ear 1884+ certain

modifications in the patent law were made in-nited ingdom and it was considered that

those modifications should also be incorporated

in the Indian law.

In 1888+ an Act was introduced to

consolidate and amend the law relating to

invention and designs in conformit! with the

amendments made in the -.. law. The Indian atents and 2esigns Act+ 1*11+

Act II of 1*11 replaced all the previous Acts.


6/19

This Act brought patent administration under

the management of %ontroller of atents for thefirst time.

This Act was further amended in 1*, to

enter into reciprocal arrangements with - and

other countries for securing priorit!.

In 1*4+ further amendments were made to

incorporate+ inter9alia+ provisions relating to

grant of secret patents+ patent of addition+ useof invention b! :overnment+ powers of the

%ontroller to rectif! register of patent and

increase of term of the patent from 1; !ears to16 ears.


7/19

In 1*;5+ an amendment was made to provide for filing

of provisional specification and submission of

complete specification within nine months.

After Independence+ it was felt that the Indian

atents < 2esigns Act+ 1*11 was not fulfilling its

objective.

It was found desirable to enact comprehensivepatent law owing to substantial changes in political

and economic conditions in the countr!. Accordingl!+

the :overnment of India constituted a committee

under the %hairmanship of =ustice 2r. $a/shi Te/%hand+ a retired =udge of >ahore ?igh %ourt+ in 1*;*

t o review the patent law in India in order to ensure

that the patent s!stem is conducive to the national

interest.


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The terms of reference included@

to surve! and report on the wor/ing of the patent

s!stem in India to e(amine the e(isting patent legislation in India

and to ma/e recommendations for improving it+

particularl! with reference to the provisions

concerned with the prevention of abuse of patentrights

to consider whether an! special restrictions should

be imposed on patent regarding food and medicine

to suggest steps for ensuring effective publicit! to

the patent s!stem and to patent literature+

particularl! as regards patents obtained b! Indian

inventors


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to consider the necessit! and feasibilit! of settingup a Bational atents Trust

to consider the desirabilit! or otherwise ofregulating the profession of patent agents

to e(amine the wor/ing of the atent Cffice and theservices rendered b! it to the public and ma/esuitable recommendations for improvement and

to report generall! on an! improvement that the%ommittee thin/s fit to recommend for enabling theIndian atent D!stem to be more conducive tonational interest b! encouraging invention and thecommercial development and use of inventions.


10/19

The committee submitted its interim report on

;th August+ 1*;* with recommendations for

prevention of misuse or abuse of patent right in

India and suggested amendments to sections

,,+ ,4 < ,4A of the atents < 2esigns Act+ 1*11

on the lines of the -nited ingdom Acts 1*1*

and 1*;*. The committee also observed that the atents

Act should contain clear indication to ensure that

food and medicine and surgical and curativedevices are made available to the public at the

cheapest price commensurate with giving

reasonable compensation to the patentee.


11/19

$ased on the above recommendation of the

%ommittee+ the 1*11 Act was amended in

1*5Act """II of 1*5 in relation to wor/ing of

inventions and compulsor! licenceErevocation.

Cther provisions were related to endorsement of

the patent with the words 'licence of right) on an

application b! the :overnment so that the%ontroller could grant licences.

In 1*5, Act >"" of 1*5, an amendment was

made to provide compulsor! licence in relation to

patents in respect of food and medicines+

insecticide+ germicide or fungicide and a process

for producing substance or an! invention relating

to surgical or curative devices..


12/19

The compulsor! licence was also available

on notification b! the %entral :overnment.

$ased on the recommendations of the%ommittee+ a bill was introduced in the

arliament in 1*54 $ill Bo.5* of 1*54.

?owever+ the :overnment did not press for

the consideration of the bill and it was allowed

to lapse.

In 1*5#+ the :overnment of India appointed

=ustice B. Fajagopala A!!angar %ommittee toe(amine the uestion of revision of the atent

>aw and advise government accordingl!.


13/19

In 1*5#+ the :overnment of India appointed =ustice B.

Fajagopala A!!angar %ommittee to e(amine the uestion of

revision of the atent >aw and advise government

accordingl!. The report of the %ommittee+ which comprised of two

parts+ was submitted in Deptember+ 1*5*.

The first part dealt with general aspects of the atent >aw

and the second part gave detailed note on the several

clauses of the lapsed bills 1*54.

The first part also dealt with evils of the patent s!stem and

solution with recommendations in regards to the law.

The committee recommended retention of the atent

D!stem+ despite its shortcomings.


14/19

This report recommended major changes in the law which

formed the basis of the introduction of the atents $ill+ 1*65.

This bill was introduced in the >o/ Dabha on ,1st

Deptember+ 1*65+ which however lapsed. In 1*6#+ again an amended bill was introduced which was

referred to a =oint arliamentar! %ommittee and on the final

recommendation of the %ommittee+ the atents Act+ 1*#

was passed.

This Act repealed and replaced the 1*11 Act so far as the

patents law was concerned.

?owever+ the 1*11 Act continued to be applicable to

designs. Gost of the provisions of the 1*# Act were brought

into force on , th April 1*#, with publication of the atent

Fules+ 1*#,.


15/19

This Act remained in force for about ,;

!ears without an! change till 2ecember

1**;. An ordinance effecting certain changesin the Act was issued on 41 st 2ecember

1**;+ which ceased to operate after si(

months. Dubseuentl!+ another ordinance

was issued in 1***.

This ordinance was subseuentl! replaced

b! t he atents Amendment Act+ 1*** that

was brought into force retrospectivel! from 1st =anuar!+ 1**5.


16/19

The amended Act provided for filing of

applications for product patents in the areas of

drugs+ pharmaceuticals and agro chemicals

though such patents were not allowed.

?owever+ such applications were to be

e(amined onl! after 4191,9,;. Geanwhile+ the

applicants could be allowed 7(clusive Gar/etingFights 7GF to sell or distribute these products in

India+ subject to fulfillment of certain conditions.

The second amendment to the 1*# Act was

made through the atents Amendment Act+ ,,Act 48 f ,,.


17/19

This Act came into force on , th Ga! ,4 with

the introduction of the new atent Fules+ ,4 b!

replacing the earlier atents Fules+ 1*#,

The third amendment to the atents Act 1*# was

introduced through the atents Amendment

Crdinance+ ,; w.e.f. 1 st =anuar!+ ,5.

This Crdinance was later replaced b! the atentsAmendment Act ,5 Act 15 Cf ,5 on ; th

April+ ,5 which was brought into force from 1919

,5.

-nder the provisions of section 15* of the atentsAct+ 1*# the %entral :overnment is empowered

to ma/e rules for implementing the Act and

regulating patent administration.


18/19

Accordingl!+ the atents Fules+ 1*#,

were notified and brought into force w.e.f.

,.;.1*#,. These Fules were amended from time to

time till , Ga! ,4 when new atents

Fules+ ,4 were brought into force b!replacing the 1*#, rules.

These rules were further amended b! the

atents Amendment Fules+ ,5 and theatents Amendment Fules+ ,6.

The last amendments are made effective

from 5 th Ga! ,6.


19/19

THANK YOU

M. KRISHNA RAO,

LAW OFFICER

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Evolution of Patent System in India

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