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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), [17] who study the effect of intellectual property reform on technological advancement and productivity increases in manufacturing industry in the emerging market context of India.
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]
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 .
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.
Patents Act: 1970: 39 State of Himachal Pradesh Act: 1970: 53 Medical Termination of Pregnancy Act: 1971: 34 Public Premises (Eviction of Unauthorised Occupants) Act: 1971: 40 Defence and Internal Security of India Act: 1971: 42 Emergency Risks (Goods) Insurance Act: 1971: 50 Emergency Risks (Under-Takings) insurance Act: 1971: 51
In India, compulsory license may be issued by the Controller General of Patents, Designs and Trade Marks under section 84(1) of The Patents Act, 1970, if: [24] The reasonable requirements of the public with respect to the patented invention have not been satisfied, or,
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A patent applicant may include a copyright notice or mask work notice, but only if it also includes the following authorization, expressly permitting the reproduction of the patent: [9] A portion of the disclosure of this patent document contains material which is subject to (copyright or mask work) protection.