Comparative Guides
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Results: 4 Answers
Patents
1.
Legal framework
1.1
What are the sources of patent law in your jurisdiction?
 
India
The Indian Patent Act, 1970 as amended by the Patents (Amendment) Act, 2005, and the Patent Rules, 2003 as amended by the Amendment Rules, 2017 are the primary sources of law governing patents in India.

The manual and various guidelines issued by the Indian Patent Office also govern several aspects of patent law. These include:

  • the Manual of Patent Office Practice and Procedure;
  • the Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals;
  • the Guidelines for Examination of Biotechnology Applications for Patent;
  • the Guidelines for Processing of Patent Applications relating to Traditional Knowledge and Biological Material; and
  • the Revised Guidelines for Examination of Computer-related Inventions.

Additionally, some other statutes indirectly affect patent laws, including:

  • the Patents (Appeals and Application to the Intellectual Property Appellate Board) Rules;
  • the Biological Diversity Act, 2002; and
  • the Protection of Plant Varieties and Farmers’ Rights Act, 2001.

Another source of patent law in India is decisions of the Indian courts. Decisions of the Controller General of Patents, Designs and Trademarks and of the Intellectual Property Appellate Board also influence patent law. Occasionally, developments are also influenced by decisions issued in some foreign jurisdictions, such as Europe, the United Kingdom and the United States.

Other sources of patent laws in India include international treaties and conventions such as:

  • the Agreement on Trade-Related Aspects of Intellectual Property Rights;
  • the Paris Convention for the Protection of Industrial Property;
  • the Patent Cooperation Treaty, 1970; and
  • the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For more information about this answer please contact: Essenese Obhan from Obhan & Associates
1.2
Who can register a patent?
 
India
The following parties can apply to register a patent in India:

  • anyone that claims to be the true and first inventor of the invention;
  • the assignee of the person claiming to be the true and first inventor of the invention; and
  • the legal representative of any deceased person who, immediately before his or her death, was entitled to make the application.

A patent in India is registered by the Controller General of Patents, Designs and Trademarks.

For more information about this answer please contact: Essenese Obhan from Obhan & Associates