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The Authorities of India has met the December 31 deadline for complying with its obligation to World Commerce Organisation (WTO) below TRIPs settlement, by promulgating an Ordinance – The Patent (Modification) Ordinance, 2004 adopted by the Act – Patent (Modification) Act, 2005.
Underneath TRIPS, India was required to introduce product patent the place solely course of patent was permitted. Procedural adjustments had been additionally required to be made as per Patent Co-operation Treaty (PCT). The brand new Act ensures sufficient safeguards in opposition to misuse of patent rights and vests sufficient energy with the Authorities to intervene and make sure that patented innovations can be found for the general public at an reasonably priced value.
In nutshell, a very powerful adjustments are:
· Product Patent will be issued in respect of meals, medication and chemical compounds. Provisions of ‘course of patent’ for these items abolished.
· Provisions in respect of EMR (Unique Advertising and marketing Rights) abolished.
· Pc software program per se is just not patentable, however together with or embedded in {hardware} is patentable.
· Provision of ‘acceptance of specification’ and its commercial have been deleted.
· Provision for pre-grant and post-grant opposition to the granting of a patent.
· Utility for patent will likely be revealed in Official Journal. At the moment opposition will be made on restricted grounds however listening to is just not necessary.
· After grant of patent, opposition will be made inside 12 months.
· Provision of sealing of patent omitted.
· Provision for acquisition of patent for public health functions.
· Swimsuit for infringement of patent can’t start earlier than date of publication of publication of the appliance.
· Penalties enhanced considerably.
