Article by Vijay Pal Dalmia,
Advocate
Partner & Head of Intellectual Property Laws Division,
Vaish Associates Advocates, New Delhi India
and
Pavit Singh Katoch, Advocate
Associate, Intellectual Property Laws Division, Vaish Associates
Advocates, New Delhi 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Exclusive Marketing Rights (EMRs) have been repealed, and a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
