An Overview Of Patent Protection In India: A Study
- IJLLR Journal
- May 3
- 1 min read
Soumik Ash, Assistant Professor, MIES RM Law College (Affiliated to Vidyasagar University), Sonarpur, North 24 Parganas, West Bengal
Prof (Dr.) Jayanta Kumar Saha, HOD, Department of Law, Bankura University, Purandarpur, West Bengal 722155
ABSTRACT
A patent is an internationally recognized term denoting a monopoly or exclusive right awarded by the government in the name of an inventor concerning his invention, for a particular product, which bars others for a set period from performing specified acts related to the invention. If a person satisfies the requirements established by the government of a given country, they are awarded this right. As a result, the innovation now belongs exclusively to the patentee. The Patents Act, 1970, was amended a number of times. Patents (Amendment) Act, 1999 enhances the filing of applications for product patents in the areas of pharmaceuticals, drugs, and agrochemicals. The objective of the Patents (Amendment) Act, 2002 is to bring India's patent regime under the TRIPS convention. The Patents (Amendment) Act, 2005 aims to bring product patent. Every invention in commodities may be the subject of a patent. A new and useful art, process, method, machine, device, other product, or substance generated through manufacture is considered to be an invention, as is any new and practical improvement to any of these.
In this Article, an attempt has been made by the author to go through the concept of intellectual property, the idea of patent, relation of patent with public health and TRIPS, History of the Patent Law inside & outside India, evaluation of various Acts & their amendments in India.
Keywords: Intellectual Property, Patent, TRIPS, Patent Law, Pharmaceutical Patents
