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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]
"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [9] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
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,
Indian patent Act was amended in 2005 under obligations to TRIPS. [18] Novartis v. Union of India & Others is a landmark decision, in which Indian Supreme Court upheld rejection of Novartis patent by Indian patent office. The key basis for the rejection was the part of Indian patent law that was created by amendment in 2005, describing the ...
In 1970, amendments to the Indian Patents Act abolished product patents but retained process patents with a reduced span of protection. During the absence of any product patent regime, the Indian pharmaceutical industry grew at a remarkable pace, ultimately becoming a net exporter, the world's third-largest by volume, and fourteenth-largest by ...