Article by Vijay Pal Dalmia, Advocate, Supreme
Court of India and Delhi High Court, Partner & Head of
Intellectual Property Laws Division, Vaish Associates Advocates,
India
The history of Patent law in India starts from 1911 when the
Indian Patents and Designs Act, 1911 was enacted. The present
Patents Act, 1970 came into force in the year 1972, amending and
consolidating the existing law relating to Patents in India. The
Patents Act, 1970 was again amended by the Patents (Amendment) Act,
2005, wherein product patent was extended to all fields of
technology including food, drugs, chemicals and micro organisms.
After the amendment, the provisions relating to Exclusive Marketing
Rights (EMRs) have been repealed, and a provision for enabling
grant of compulsory license has been introduced. The provisions
relating to pre-grant and post-grant opposition have been also
introduced.
