Chandra Joshi, an Indian associate of mine filled me in on the recent amendments to Indian patent law. The amendments not only make Indian law TRIPs compliant, but also rationalize the procedures for patent prosecution. These changes now allow patents on products and remove provisions relating to EMRs (Exclusive Marketing Rights).
India, as you know, had so far permitted Patents only for processes and not products. With the new amendment to the Patent Act, it would now be possible to obtain Patents for product patents in Pharmaceuticals and Agro Chemicals. Under the Product Patent regime no new–use Patents would be granted.
The ordinance seeks to strengthen opposition proceedings by allowing for both pre-grant and post-grant opposition. The ordinance also seeks to simplify and rationalize the time-frame for process of patents. The time limit for giving requests for examination has been reduced to 36 months from 48 months earlier. Security provisions will also be tightened particularly for dual-use patent applications. Such patents will now be scrutinized by the patent office.
Further, software would continue to be copyright protected, embedded software that has technical applications can now be patented.
DDC Comment: I expect the change to have its greatest impact in the pharmaceutical area — up to now, India has been a pharma maverick — producing generics almost at-will.
Hi,
I am a student of Panjab University, Chandigarh, currently doing Ph.D. on cancer. I want to do a diploma or any small course related to patent law, alongwith my Ph.D. Kindly guide me regarding the same.
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Also check out the YouTube link link to in.youtube.com to watch a live video of the training program conducted at Chennai, India and get a glimpse of Lawwave’s US trainer, trainees and the classroom environment at Lawwave Training Center!
Lawwave Corporate & LPO Training Program is scheduled to commence in the months of September 2008 and October 2008 in Chennai (at Lawwave Training Center) and Delhi (at India Law Institute Opp. SC Chambers) respectively
If you are interested to learn more about this great career opportunity, I would be glad to invite and reply to your comments and questions. Thanks!
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Dear Friends,
Here is a great career proposal for law graduates and working lawyers in India to put their legal career on fast track!
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The main highlight of the program is Complimentary Internship which offers the candidates with live LPO research and review assignments to work on. It greatly helps the candidates in developing a keen practical insight about the functioning of the LPOs and corporate before joining the industry.
The candidates are assured of an advanced skill set and a growth-oriented career path after successfully completing the Lawwave LPO Training Program.
For further details about the program, please visit the URL link to lawwave.com
Also check out the YouTube link link to in.youtube.com to watch a live video of the training program conducted at Chennai, India and get a glimpse of Lawwave’s US trainer, trainees and the classroom environment at Lawwave Training Center!
Lawwave Corporate & LPO Training Program is scheduled to commence in the months of September 2008 and October 2008 in Chennai (at Lawwave Training Center) and Delhi (at India Law Institute Opp. SC Chambers) respectively
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Can anyone enlighten me on genetic patanting in India in the health context(for instance DNA etc)
hi i amit. i m doin MscBIOTEC..can u tell me some institute name where i can get IPR .
i m very much energetic in this field.
my id is..jhaamit111@gmail.com
As you know the procedure to obtain patency in pharmaceutical products is still very complex and unknown to common man. Hence it is very necessary to educate the public on all laws relating to IPR including the patent law
hi myself jitendra chauhan
and i m doing LLM
i want some cases of indian patent law
for my reference
i hope u will give me some guide line
send me on onlytrue2005@yahoo.co.in
what is the effect of this new IPA act on pharma sector companies, actually how there business is going to be affected.
what is the effect of this new IPA act on pharma sector companies, actually how there business is going to be affected.
For details and process of Patents you may visit our websites http://www.infinijuridique.in
The site contains the entire process and the requirements for various IPR Laws.
Dear Sir,
I would request you to let me know how to get product name patented. We are planning to sell imported electrical switchgear with our own brand name. We wish to have the name patented. What is the procedure and how to go about this?
I look forward for your reply in return
Thanks and regards
Lokesh Kumar
sir,
i’m a student. i’m interested in doing law after 10+2. i want to know about the scope of patent law in india.is it true that only sudents with science background can enter into patent law
yours faithfully
varun kalra
sir
i want some information about patening laws in india with refrence to pharma product
thanks
your faithfully
avinash soni
sir
i want some information about patening laws in india with refrence to pharma product
thanks
your faithfully
avinash soni
Vijay, Thanks for the info.
I believe the hype created about the new patent regime can be explained by the fact that India have managed to put it in place right at last minute but mainly because of the wrong notions created about how it will lead to a huge rise in the prices of some drugs.
The Patents Act 1970, as amended by the amendments of 2002 has specific provisions for the government to be able to curb any unreasonable or unjustified price rise in case of not only the life saving drugs but *any product* that is patented under the act – be it pharmaceutical, mechanical or electrical or of whatever other hue.
I want to touch on a issue that I believe is at the heart of why the state of IPR in India is so primitive. It does not reflect the progress that has occurred in Indian research and development in general.
A month ago I spoke at a conference of technical writers at Chennai on the topic of “IPR and technical communicators”. At the end of the speech I was asked whether I am a lawyer. This underscores the state of affairs of patenting and understanding about patenting in India. The patenting situation in India will improve dramatically, if the awareness of what patenting is about, builds up at grass-root level.
All attempts to change or improve patenting scenario in India is at legislative level or in legal circles. The fact that patenting is first and foremost about technology is often lost on inventors and legislators alike. The result is that patenting is reduced to procedural matters.
India has often been blamed for what appears to be blatant flouting of IPR laws. Although much of this can be attributed to teh fact that the legal machinery in India allow perpertators to get away with it, there’s a significant minority of people who commit these acts as they are not aware that they are violating IRP rules. Such is the situation in India that many inventors/scientists do not know *what* is patentable, particularly given that much of the patenting is about ‘incremental’ inventions. This leads to confusion about whether their own research is patentable of whether what they are doing is in fact infringement. While many established firms such as Ranbaxy or Dr Reddys are well aware of the patenting games it’s the SMEs in Pharma/Chem sector who are utterly unaware of these aspects.
At the same time the IPR awareness at the university level in India is even worse. Even where it exists, few understand the importance of patenting beyond thinking of it as ‘something good to have’.
Europeans have been at the patenting game since the 15th century or even earlier, the Americans not being too far behind. Indians have only recently joined the game and I should say that they have been forced to join the game. If the new patenting regime is to become successful or India Inc is to gain its rightful position in the IPR world, it will need to do a lot more on IPR-awareness front. India Inc will need to understand the rules of the game and bring herself in a postion where she will start contributing to formation of rules of the game.
I attended a conference in Mumbai last week, jointly held by the Indian Institute of Chemical Engineers and the American Institute of Chemical Engineers, first such event to be held in India by these two apex bodies. I spoke with several eminent scientists from the US universities and their counterparts in India and they were in agreement that awareness of practical matters about patents will go a long way in improving the state of IPR in India.
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