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Administrative revocation or invalidation: Procedures allowing for the annulment of a patent outside the standard opposition period, typically involving administrative bodies or courts with the authority to revoke patents based on certain grounds. [12] Judicial proceedings: Generally, patents can also be challenged in a court.
In order to keep the patent rights for the entire period, India's Patent Act has made it mandatory for the patent holders to pay a renewal fee. [17] Once the patent is granted the patentee does not need to pay a renewal or maintenance fee for the first two years. The first renewal fee will be payable from the third year onwards. [18]
United Kingdom patents can be reviewed by way of a non-binding opinion issued by the Patent Office, or by formal applications for revocation before the Patent Office or the Court. If the patent survives a revocation action, this fact is noted for future reference by way of a Certificate of contested validity .
Novartis v. Union of India & Others is a landmark decision by a two-judge bench of the Indian Supreme Court on the issue of whether Novartis could patent Gleevec in India, and was the culmination of a seven-year-long litigation fought by Novartis. The Supreme Court upheld the Indian patent office's rejection of the patent application.
Patents were granted without examination since inventor's right was considered as a natural one. Patent costs were very high (from 500 to 1,500 francs). Importation patents protected new devices coming from foreign countries. The patent law was revised in 1844 – patent cost was lowered and importation patents were abolished. [20]
The economic effects of intellectual property reform in India is a complex subject area, and would require a separate detailed article. A beginning may be made by referring to Sunil Kanwar and Stefan Sperlich (2020), [18] who study the effect of intellectual property reform on technological advancement and productivity increases in manufacturing industry in the emerging market context of India.
The Protection of Plant Variety and Farmers Right Act, 2001 (PPVFR Act) is an Act of the Parliament of India that was enacted to provide for the establishment of an effective system for the protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants.
[3] [6] [7] The issue of biopiracy and unethical bioprospecting made headlines after the government of India successfully revoked or limited turmeric and basmati rice patents granted by United States Patent and Trademark Office (USPTO) and the neem patent granted by European Patent Office (EPO) in the late 1990s. Soon more such patent claims ...