The patent regime of a country is run under the patent acts and rule prescribed in that country. Patents act provides guidelines to the registration of a patent, prosecution the patent application, maintenance and enforcement and IP litigation.
Patent Act in India
Patent act 1970 is referred to as patents act in india,. It extends to the whole India. The Patent System in India is governed by the Patents Act, 1970 (No. 39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006 effective from 05-05-2006.
The Indian Patents Act is amended in 2005 in order to compliance with the TRIPS Agreements. According to the Agreement, Patents must be granted in all "fields of technology," although exceptions for certain public interests are allowed (Art. 27.2 and 27.3)[2] and must be enforceable for at least 20 years (Art 33). Therefore, by the amendment of Patents Act 2005, the product patents are introduced in the Indian Patent regime. Before 2005, product patents are filed as black box application and exclusive marketing rights of 5 years is given to the Product Patent owners.
Other changes in the Indian Patent regime after 2005 can be short listed as below :
- emphasis on Indigenous manufacturers
- both pre-grant and post-grant opposition avenues
- Prevention "ever greening" of patents by inserting a new section 3 (d)
- Conditions for obtaining compulsory license,
- Reasonable period for negotiations between the patent holder and companies seeking compulsory license
- Exemption of research and development from the ambit of patents, enhancement in the jurisdiction of the appellate board.
The Act took away the limitations imposed by the Act, and made it discretionary of the Patent Office by virtue of the Rules. As a result, the patent office can now tamper with the various time lines by amending the Rules as and when they choose. Under the amended ordinance, 7 types of time limits will be determined by the office through the Rules and not by the statute. The excessive and unbridled delegation to the Patent Office is further increased by the following provision: the central government way, if it is satisfied that circumstances exist, which render it practically not possible to comply with such condition of previous publication, dispenses with such compliance. As a result, the public will not be given an opportunity to offer its comments to the Rules before it being amended.
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