Software Patent
Law
Patent
System
The
Indian patent system is quickly closing the gap between its once outdated
system and the world standard. With recent amendments it has addressed many
of the complaints lodged by pharmaceutical companies regarding the exclusion
of certain items up for patents. The amendment to the patent system in 2002
brought the following changes.
-
Inventions are now defined as a new product or process involving
inventive step and capable of industrial application.
-
Testing methods and processes are now patentable.
-
Every patent is valid for 20 years from the date of filing.
-
Patent-holders have 18 months instead of the original 12 months to
restore a ceased patent.
A
panel examining India's compliance with TRIPS found that it was still lacking
a mailbox system as specified under TRIPS. The mailbox system allows a patent-holder
who has been granted the patent in one member country of the WTO to subsequently
send the patent application to all the member countries for patent approval.
Such a system is expected as India falls in compliance with TRIPS by the 2005
deadline.
