The 1970 Act was amended in 1999 and 2002 to meet India‟s obligations under the
Agreement of Trade Related Aspects of Intellectual Property Rights (TRIPs) which formspart of the agreement establishing the World Trade Organisation (WTO). The amendmentsprimarily focused on the obligations which came into force from 1
January 1995 (inrespect of amendments made in 1999) and obligations which came into force from1
January, 2000 (in respect of amendments notified in 2002).The Patents (Amendment) Act 1999 had, inter alia, provided for the modalities for a 10-year transition facility (which India had negotiated at the time of its accession to theWTO), commencing from January 1, 1995. As a consequence, the law was required to be
amended further in respect of India‟s obligations under the TRIPs Agreement, due from
January 1, 2005. Consequently, it was necessary to bring in the required amendments intime and as Parliament was not in session the President of India promulgated the Patents(Amendment) Ordinance, 2004 on December 26, 2004.ObjectivesAfter studying this unit, you should be able to:· Define patents· Describe application of patents· Explain provisions of secrecy of certain inventions· Describe lapsed patents restorationDefinitions and InterpretationsThe Act defines certain expressions used therein.
It includes an assignee of the assignee and the legal representative of adeceased assignee and references to the assignee of any person include references to theassignee of the legal representative or assignee of that person.
It means the Budapest Treaty on the International Recognition of theDeposit of Micro-organisms for the purposes of Patent procedure done at Budapest on 28April, 1977, as amended and modified from time to time.India as joined the Budapest Treaty and its provisions are applicable to India.
It means the Controller General of Patents, Design and Trade Marks.
It means an application for a patent made by a foreign nationalof a convention country.
It means that country or a country which is member of a group of countries or a union of countries or an intergovernmental organization referred to as aconvention country in Sec.133.
Capable of industrial application:
In relation to an invention, means that the inventionis capable of being made or used in an industry.
It means a licence from a patentee which confers on the licensee, oron the licensee and persons authorised by him, to the exclusion of all other persons