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A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. It provides protection for the invention to the owner of the patent. The protection is granted for a limited period, i.e. 20 years. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. A patent owner has the right to decide who may - or may not - use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others. All patent owners are obliged, in return for patent protection, to publicly disclose information on their invention in order to enrich the total body of technical knowledge in the world. Such an ever-increasing body of public knowledge promotes further creativity and innovation in others. In this way, patents provide not only protection for the owner but valuable information and inspiration for future generations of researchers and inventors. Patent Laws in India: National Patents Act 1970 Immediately after Independence in 1947 our leaders were seriously concerned about the enactment of a national patents system relevant to the stage of our development. The objectives were that there should be faster industrialization of the country and law should be designed to serve the public interest in a balanced manner. Two important committees headed by Justice Bakshi Tek Chand and Justice Rajagopal Iyenger dealt with the patent law issues relevant for our country in their reports. Based upon the recommendations in these reports a comprehensive Patents Bill was framed and debated extensively in parliamentary committees and both Houses of Parliament. Finally the National Patents Act was enacted in 1970. With the passage of time the Indian companies in pharmaceutical field grew at a fast pace and their share of market in the availability of medicines went up to about 85 per cent. As regards the prices of medicines due to competitive environment and because of the new patent system the prices of medicines became the lowest in the world. The industry has also developed enough surplus capacity to meet export demands from the developed and developing countries. The main features of the Patents Act 1970 were as follows :
Patent (Amendment) Act, 2005 The Patent (Amendment) Act 2005 was passed by the Parliament in its budget session of 2005 to amend The Patent Act, 1970 and meet its obligation under TRIPS Agreement of WTO. The Act was effective from 1st January 2005. Main highlights : Product Patents for Pharmaceutical Inventions : The most prominent and controversial change has been the deletion of section 5 of the Patents Act, 1970, thereby paving the way for product patents in the area of pharmaceutical and other chemical inventions. Section 5 of the Patents Act, 1970 had provided that, in the case of inventions being claimed relating to food, medicine, drugs or chemical substances, only patents relating to the methods or processes of manufacture of such substances could be obtained. it is feared that with the introduction of product patents for pharmaceuticals, there will be a steep rise in drug prices and an adverse impact on access to important drugs .The multinational pharmaceutical industry, on the other hand, argues that such patents are essential to encourage innovation and help the transition of domestic pharmaceutical companies from copycat generics to innovative R&D companies. Software Patentability : It added software in the patent regime which was not included in previous law. Pre-Grant/Post-Grant Opposition :The Patents Act, 1970 is endowed with a fairly robust pre-grant opposition mechanism. It provides for several grounds on which a patent could be opposed including the lack of novelty, inventive step or utility (the traditional patentability criteria) or that the claimed invention does not fall within eligible subject matter or that the specification does not disclose the source or geographical origin of biological material used for the invention. The 2005 Act has introduced a post-grant opposition mechanism for the first time. Within a year of the patent being granted, a ‘person interested’ can challenge the issued patent on grounds that are identical to the grounds available at the pre-grant opposition stage. The key difference between the pre-grant and the post-grant opposition mechanism appears to be that while ‘any person’ could challenge at the pre-grant stage, the challenger has to be a ‘person interested’ at the post-grant stage. Compulsory Licences for Exports : It introduced section 92A, which provides for compulsory licences to enable exports of pharmaceutical products to those countries with no manufacturing capacity of their own. Most patent regimes provide that under certain circumstances, the government is entitled to use an existing patent. The 2005 Act expands the scope of ‘government use’ provisions in some respects and reduces it in others
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