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The Patents Act, 1970 [11] was brought into force on 20 April 1972, and further amendments were carried in 1999, 2002 and 2005. [12] The Patent Rules, 2003 was introduced along with the Patent Act (amendment), 2002 on 20 May 2003, [ 13 ] and recent amendments were carried in 2016, and 2017.
In addition, video conference has been introduced for hearing the patent matters. [9] Patent amendment rules 2019 introduced a patent agent shall submit all documents only by electronic transmission duly authenticated. Further, fee reductions for small entity, and fast track examination for specific applicants including female were introduced ...
The key basis for the rejection was the part of Indian patent law that was created by amendment in 2005, describing the patentability of new uses for known drugs and modifications of known drugs. Section 3(d) of the amended Act, specified that such inventions are patentable only if "they differ significantly in properties with regard to efficacy."
Patent Act and Patents Act (with their variations) are stock short titles used in Canada, India, Malaysia, New Zealand, the United Kingdom and the United States for legislation relating to patents. A Patent Act is a country's legislation that controls the use of patents , such as the Patentgesetz in Germany .
The key basis for the rejection was the part of Indian patent law that was created by amendment in 2005, describing the patentability of new uses for known drugs and modifications of known drugs. That section, Paragraph 3d, specified that such inventions are patentable only if "they differ significantly in properties with regard to efficacy." [19]
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
Union of India 1980 SCC (3) 625, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of the Constitution. 43rd: Amend articles 145, 226, 228 and 366. Remove articles 31D, 32A, 131A, 144A, 226A and 228A. [51] 13 April 1978 Amendment passed after revocation of internal emergency in the Country.
The Indian Patent Law specifically does not mention the designation of "Patent Attorney". Therefore, there are different roles for patent attorney and patent agent in India. Indian Patent Office conducts a qualifying examination for patent agent registration yearly (earlier, it was twice a year). Indian Patent Law mandates a science or ...