a detailed description to the amendments under the Patent Act, 170. Relevant sections have been mentioned.

1. Amendments under Patent Law
By Atul S. Jaybhaye
Assistant Professor
Hidayatullah National Law University, Raipur
B.A.,LL.M.,NET
6/25/2020 1

2. Introduction
• The Patent Act,1970, was amended in the
year:
1999,
2002,
2005.

3. Highlights of the 2005 amendments
• Objectives:
I. To comply with the TRIPS Agreement.
II. To balance out competing interest of stakeholders.
III. To meet future challenges.
• Major Changes brought:
1. Extension of product patents in the fields of all
technology.

4. Highlights of the 2005 amendments
2. Software patentability:
Sec. 3(k) of the Patents Act, 1970 excluded “a
computer programe per se” from the scope of
patentability.

5. Highlights of the 2005 amendments
3. New-Invention redefined:
• The Act retains original definition of invention
however it adds a definition of new invention under
sec. 2(1)(l).
• Prior publication, prior public working or prior public
knowledge is important to determine test of novelty
of invention.

6. Highlights of the 2005 amendments
4. Inventive step redefined:
The 2005 Act makes a critical change to the
earlier ‘non-obviousness’ or ‘inventive step’
test.

7. Highlights of the 2005 amendments
Other minor Changes:
 Section 5 removed.
 Patent redefined.
 Pre and post grant opposition allowed.
 Compulsory license.
 Deletion of the provisions relating to Exclusive
Marketing Rights. Etc.

8. Thank you…