Patent Legislation in India
The history of Patent law dates back to 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present Patents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. The Patents Act, 1970 was again amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals, and micro-organisms. After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced. The provisions relating to pre-grant and post-grant opposition have been also introduced.
Following is the List of Main Patent Acts, Rules and the Amendments made:
ENACTMENT DATE TITLE OF THE LEGISLATION
19 September, 1970 The Patents Act,1970 (Act No.39 of 1970)
26 March, 1999 The Patents (Amendment) Act – (No.17 of 1999)
25th June, 2002. The Patents (Amendment) Act, 2002 (No. 38 of 2002)
4 April, 2005. The Patents (Amendment) Act 2005 (No. 15 of 2005)