IPR-Product/Process Patents

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The creative work of the human imagination is covered in a number of ways, with the primary motivation being that such protection is a direct measure of support for creative activity. Several forms of creative activity security have arisen, including those that are of particular interest in industrial development. One of them is patents. In general, a patent is a monopoly grant that allows the inventor to regulate the production and, within demand limits, the price of the patented goods. The patent system's underlying economic and commercial rationale is that it stimulates investment in industrial innovation. The importance of patents has increased tremendously over the last few decades. Every company is creating a strong patent portfolio. It is important to know the advantages involved in getting a patent and how does the patent benefits an inventor. Innovative technology contributes to the preservation and expansion of nations stock of valuable, tradeable, and industrial assets. Section 53 states that the term of any patent granted after the commencement of the Patents (Amendment) Act, 2002, and the term of any patent that has not expired or ceased to have effect on the date of such commencement, shall be twenty years from the date of filing of the patent application. The clarification to Section 53(1) states that the duration of a patent in the case of foreign applications filed under the PCT designating India is twenty years from the international filing date accorded under the Patent Cooperation Treaty. If a renewal fee is not paid within the specified time or within such extended period as may be prescribed, a patent will cease to have effect until the period for payment of that fee expires. Furthermore, if the patent right is terminated due to non-payment of the renewal fee or the expiration of the term of the patent, the subject matter protected by the said patent is not entitled to protection.The award of the first patent can be traced back to 500 B.C. It was the city ruled by gourmands, and probably the first, to grant what is now known as patent rights to encourage culinary art. Since it gave exclusive distribution rights to any confectioner who invented a delectable dish first. As the practice spread to other Greek cities and to other crafts and resources, it gained popularity. The Indian Patent System can be traced back to the Act of1856, which gave exclusive rights to inventors. At the time of independence, the patent regime was regulated by the Patents and Designs Act of 1911, which included provisions for both product and process patents. However, it was widely believed that the patent law had done nothing to benefit the citizens of the country. The Act was written in such a way that it helped foreigners even more than Indians. It did little to promote scientific research and industrialization in the region, and it stifled Indians' inventiveness and creativeness. n 1949, a committee was constituted under the chairmanship of Justice Dr. Bakshi Tek Chand, a retired judge of the Lahore High Court, to undertake a comprehensive review of the working of the 1911 Act. The Committee submitted its interim report on August 4, 1949, and the final report in 1950 making recommendations for the prevention of misuse or abuse of patent rights in India. It also observed that the Patent Act should contain a clear indication that food and medicine and surgical and curative devices were to be made available to the public at the cheapest price commensurate with giving reasonable compensation to the patentee. Based on the committee’s recommendations, the 1911 Act was amended in 1950 (by Act XXXII of 1950) in relation to the working of inventions, including compulsory licensing and revocation of patents.Justice Ayyangar submitted a comprehensive Report on Patent Law Revision in September 1959 and the new law of patent, namely, the Patents Act, 1970, came to be enacted mainly based on the recommendations of the report and came into force on April 20, 1972, replacing the Patents and Designs Act, 1911. However, the 1911 Act continued to be applicable to designs.Section 5 of the Patent Act of 1970 limited the grant of process patents to specific types of inventions. It should be remembered that under the Patent Act of 1970, product and process patents might and have been granted in all other fields. The Paris Convention has left this question to be addressed in the states' legislation in the manner of their choosing. Article 27.1 of the TRIPs Agreement states that patents shall be valid for all inventions, whether goods or procedures, in all fields of technology, with the exception of the exclusions specified in Articles 27.2 and 27.3. The Patent Act of 1970 was revised in 2002 in accordance with the TRIPs agreement. Section 5 of the Patents Act of 1970 specified that, in the case of claimed inventions relating to food, medicine, drugs or chemical substances, only patents relating to the methods or processes of manufacture of such substances could be obtained. According to an explanation appended to Section 5, “chemical process” includes biochemical, biotechnological, and microbiological processes. Following that, Section 5 of the Patents Act of 1970 was repealed by the Patents (Amendment) Act of 2005, which went into effect on January 1, 2005, paving the way for product patents. This deliberate policy of refusing pharmaceutical inventions product patent protection can be traced back to the Ayyangar Committee Study, which served as the foundation for the Patents Act of 1970. The Committee discovered that foreigners hold between 80% and 90% of Indian patents and that more than 90% of these patents were not even worked on in India. The Committee concluded that multinational corporations were exploiting the system to obtain monopolistic control of the market, especially in critical industries such as food, chemicals, and pharmaceuticals. The Patents Act has been amended to reflect India's increasing technical capabilities, as well as the need to align the intellectual property system with foreign practices and intellectual property regimes. The changes were also intended to make the Act more modern, harmonized, and user-friendly in order to better safeguard national and public interests while simultaneously meeting India’s

international obligations.

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  1. www.icsi.edu/media/webmodules/publications/9.4%20Intellectual%20Property%20Rights.pdf(www.icsi.edu/media/webmodules/publications/9.4%20Intellectual%20Property%20Rights.pdf