Patent filing in India

Patent Act India

The Indian Patents Act 1970

The Indian Patents Act 1970 was passed and it came into force on April 20, 1972. The Patents (Amendment) Act, 1999 was brought into force retrospectively from January 1, 1995. The amended Act provided for filing of applications for product patents in the areas of drugs, pharmaceuticals and agro chemicals though such patents were not allowed. However, such applications were to be examined only after December 31, 2004.

The second amendment to the 1970 Act was made through the Patents (Amendment) Act, 2002 (Act 38 0f 2002).This Act came into force on May 20, 2003 with the introduction of the new Patents Rules, 2003 by replacing the earlier Patents Rules, 1972.

The third amendment to the Patents Act, 1970 was introduced through the Patents (Amendment) Ordinance, 2004 w.e.f. January 1, 2005. This Ordinance was later replaced by the Patents (Amendment) Act, 2005 (Act 15 Of 2005) on April 4, 2005 which was brought into force from January 1, 2005.

The Patents Rules, 1972 were notified and brought into force w.e.f. April 20, 1972. The new Patents Rules, 2003 were brought into force by replacing the 1972 rules. These Rules were further amended by the Patents (Amendment) Rules, 2005 and the Patents (Amendment) Rules, 2006.

The last amendments were made effective from May 5, 2006.

Details regarding the Indian Patents Act 1970 can be accessed at the following link:

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