It is a grant made by the government to an inventor, conveying and securing him the exclusive right to make, use and sell his invention for a term of 20 years. It is granted for an invention that is new and useful. Invention may be a new or improved product or process that is capable of industrial application. Novelty is a fundamental requirement for grant of patent and it should not include “prior art” or knowledge already existing in the public domain. What constitutes prior art has been a matter of debate as the later sections of the chapter reveal. The Colonial Indian Patent and Designs Act, 1911 was re-enacted as the Indian Patents Act, 1970. Various amendments made from 1999 to 2005 were the result of extensive consultations by the government with several expert groups and trade representatives. In its present form, it is both TRIPS compliant and also provides measures and safeguards that will not be detrimental to research and development activities in the country.
Leave a Reply