THIS ARTICLE HAS BEEN WRITTEN BY MS. KEERTHI BAJJURI, A 4TH YEAR STUDENT OF RV INSTITUTE OF LEGAL STUDIES,BENGALURU.
ABSTRACT
The brief introduction about the patent and criteria to accurie the exclusive right of patent where patent is a tool to protect the rights of the innovators and to eliminate the unlawful infringement of this particular right and need and importance of the patent law by giving examples of the earlier conflicts because of which the patent has been come into implementation. Then, History of patent Act in pre-independence and post-independence of India.
INTRODUCTION
The history of patent law in India dates back to the enactment of the Indian Patents and Designs Act, 1911. Patent is an intellectual property right granted to inventor by concerned government office for his novel technical invention The term invention means solution of any problem in terms of development of a product or a process. Among the different types of IPR, patents are considered the most valuable and rightly so.
The patentability of any invention needs to fulfil following criteria:
- Usefulness: invention must have industrial applicability or applied for practical purpose.
- Novelty: invention must be new technology which has not been published or available in prior art of the country or elsewhere in the world before the date of patent filing.
- Non obviousness: Invention which can be done by any ordinary skilled person is obvious and cannot be patentable. Hence invention must not be obvious for patentability.
HISTORY OF PATENT
Since the beginning of time, scientists have been creating new innovations. Whether it was Galileo’s discovery of the telescope that brought him sadness or the development of the wheel that fundamentally altered human existence. Scientific advancements have played a major role in all the significant and revolutionary changes to the globe and human living. We are blessed by nature in numerous ways. It provides us with food, drink, air, sunshine, and all the other essentials of life, but people also have basic social behaviors and the need to earn things and effect change. According to psychologist Simon Baron-Cohen, “Humans are special in that we can create tools. It is this capacity that sets humans apart from other living things”.
Now, as a result of this behavior, disputes amongst the original creators of inventions occasionally occur. Additionally, instances of copying inventions for financial gain, status, or popularity have occurred. As a result, patent laws are extremely necessary. All that a patent represents is an inventor’s ownership right over their creation. The authority bestows this privilege. When a patent is awarded, the owner of the patent has the authority to forbid anyone from using their innovation inside the patent’s covered territory. The idea that a patent grants the exclusive right to exploit an invention is incomprehensible2.The source of the patents’ entry into the account is the question at hand.
HISTORY OF PATENT IN INDIA
PRE-INDEPENDENCE
IN 1856
To know the history of the patent history in india we have to trace back the laws before the independence means in colonial period. Before, there was no law to protect the inventors . their work has been theft . thus, the first framwork on the patents was Act of IV of 1856.
IN 1859
As we know which is based on the British patent law of 1852. It gave inventors certain exclusive rights for a period of 14 years. However later, this act was changed as ActXV in 1859.
Patent monopolies were now known as exclusive privileges, which allowed the sale and use of inventions in India and authorized others to do so for 14 years from the date of filing the specifications.
IN 1872
The 1859 act was renamed The Patterns & Designs Protection Act in 1872, and it gave the design more protection. The 1852 act remained in effect for more than 30 years, with no major changes occurring during that time.
IN 1883
However, in 1883, certain changes in patent law were made in the United Kingdom, and it was decided that those changes should also be included in Indian law. All of these, however, were changes.
IN 1911
Finally, The Indian Patents and Designs Act of 1911 was enacted, which replaced all previous Acts, and this activity continued until the Patents Act of 1970 was enacted by the Indian Parliament.
POST INDEPENDENCE
After Independence, it has come into account that the Indian Patents & Designs Act of 1911 is not continuing to perform its objectives. As the political and economic condition of India was constantly changing there was a need for modernized patent laws. For this reason, there was the formation of a committee by the Government of India, under the Chairmanship of Justice Bakshi Tek Chand his committee had the goals to review the patent law in India and also at the same time to ensure that the patent laws act as per the national interest. The interim report of this committee was submitted on the 4th of August, 1949. There were certain recommendations in the report for the prevention of possible misuse of patent rights in India. this committee also suggested amending sections 22, 23, and 23A of the Patents & Designs Act, 1911.
This committee also observed that there should be a clear indication in the Patents Act to ensure that patents for necessary items are compensated fairly. This is because the public is expected to obtain necessities at a low and reasonable cost, and the successful supply of which is the duty of the state, and that supply can be secured by the procedure itself. Patents related to food, medicine, surgical apparatus, curative devices, and so on could be considered necessities. As a result, it was suggested that the patentees of such a patent be compensated fairly. And, following the recommendations of the Justice Bakshi Committee, the Act of 1911 was amended in 1950.
RECENT AMENDMENTS
- 1st amendment
The patent act 1972 was replaced by through several ordinances and came into effect on December 1994 Subsequently, another ordinance was issued in 1999. This ordinance was subsequently replaced by t he Patents (Amendment) Act, 1999 that was brought into force retrospectively from 1 st January, 1995. The amended Act provided for filing of applications for product patents in the areas of drugs, pharmaceuticals and agro chemicals though such patents were not allowed.
- 2nd amendment
the 1970 Act was made through the Patents (Amendment) Act, 2002 (Act 38 0f 2002). This Act came into force on 20 th May 2003 with the introduction of the new Patent Rules, 2003 by replacing the earlier Patents Rules, 1972
- 3rd amendment
the Patents Act 1970 was introduced through the Patents (Amendment) Ordinance, 2004 w.e.f. 1 st January, 2005. This Ordinance was later replaced by the Patents (Amendment) Act 2005 (Act 15 Of 2005 ) on 4 th April, 2005 which was brought into force from 1-1-2005.
CONCLUSION
Patent act has been evolving from 18th century where it has playing a vital role in delivering justice and also one of the important rights in Intellectual property rights to protect the inventions of the patentee. It will also gear up fast in upcoming days.
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