Indian Patent System.pdf

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The Indian patent system is a legal framework that grants exclusive rights to inventors for a limited period of time in exchange for the public disclosure of their invention. The system is governed by the Indian Patents Act of 1970 and the rules and regulations established by the Indian Patent Office. Although the Indian patent system has faced criticism for being slow and ineffective in promoting innovation and protecting intellectual property rights, the Indian government has taken steps to modernize the system and streamline the examination process in recent years. Despite many challenges, the system plays a crucial role in encouraging research and development and fostering a culture of entrepreneurship and innovation in India. The Indian patent system is unique and interesting in its own way.

Law

PATENT FOR AYURVEDIC MEDICINE
In India, traditional medicines like Ayurveda, Unani
and Siddha can also be patented, which is
somewhat unique compared to other countries.

India has a provision under its patent laws that
excludes patents on food, drugs, and chemicals
used in medicine, unless they are a new form of the
substance with enhanced therapeutic efficacy.
EXCEPTION FOR FOOD AND DRUGS

India allows for the grant of compulsory licenses
under certain circumstances, such as when a
patented invention is not being worked in the
territory of India to an adequate extent or if the
reasonable requirements of the public with respect
to the patented invention are not met.
COMPULSORY LICENSING

India has a specific act for the protection of
biodiversity, which has provisions for the protection
of traditional knowledge and community rights
related to biological resources.
BIODIVERSITY ACT

Unlike many other countries, India allows for the
filing of post-grant opposition within a year of grant
of a patent, which allows for third parties to
challenge the validity of a granted patent.
POST-GRANT OPPOSITION

C E L E B R A T I N G S U C C E S S I N Y O U R W I N S
W W W . B O O L E A N I P . C O M | I N F O @ B O O L E A N I P . C O M | + 9 1 1 2 4 4 2 3 3 9 8 1
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Latest patent examination guidelines for pharmaceutical based inventions published by Indian Patent Office on 29th October, 2014. The patent examination guidelines cover the following points: 1. Patent Claims Of Pharmaceutical Inventions which includes Markush claims 2. Comprehensive patent search strategy for conducting prior art search by the Patent Examiner 3. Definition of "invention" under section 2(1)(j) of the Indian Patent Act 4. Assessment of Novelty aspect of the invention 5. Assessment of Inventive Step 6. Industrial applicability of the technology 7. Subject matter of Inventions which are not patentable 8. Sufficiency of description, clarity and support of the patent claims in the specification 9. Unity of invention Comprehensive patent search strategy will include combining various search parameters including key words, IPC, compound searches, etc. and thorough search will be carried out in patent as well as non-patent databases. Pharmaceutical Compounds can be searched and identified from the various databases by using several methods: a) Molecular formula and structural formula searching; b) Name searching using IUPAC nomenclature; c) Compound searching using CAS Registry Numbers; d) Generic name searching (INN); and e) Search using International Patent Classification (IPC) Sufficiency of disclosure in the patent application with respect to biological material and deposits: If the invention relates to a biological material which is not possible to be described in a sufficient manner and which is not available to the public, the application shall be completed by depositing the material to an International Depository Authority (IDA) under the Budapest Treaty. The deposit of the material shall be made not later than the date of filing of the application in India and a reference of the deposit shall be given in the specification within three months from the date of filing of the patent application in India. All the available characteristics of the material required for it to be correctly identified or indicated are to be included in the specification including the name, address of the depository institute and the date and number of the deposit. Disclaimer: This post is no way related to Indian Patent office (IPO) or any of its subsidiaries. All the posts/comments are only for general information or use and it should not be relied on as official notice. Every care has been taken to ensure the accuracy of information furnished in this post, authors do not accept any responsibility or liability for any damage or loss arising from the direct or indirect use of the contents provided on this post. We can be reached at info [at] techcorplegal [dot] com

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