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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.
According to Section 60 of The Patents Act, 1970, an application for the restoration of the patent can be made by the patentee or their legal representative and the petition should be applied to the controller at the Indian Patent Office (IPO) within eighteen months from the date at which the patent ceases to have an effect. [20]
Mr. Justice Aftab Alam [1] 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 ...
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
Under the Indian Patent Act (1970), "inventions" are defined as a new product or process involving an inventive step and capable of industrial application. [7] Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention. In addition, section 3 of the Patent Act, 1970, also ...
Eighth, consistently with the rule of law principle permeating the entirety of TRIPS, WTO members must ensure that patentees have a right to judicially challenge both the issuance of a compulsory license and the amount of compensation received (Article 38(i)-(j)." [27] [excessive quote] All major national patent systems comply with the TRIPs.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection. Together with criteria such as novelty, inventive step or ...