Volume : 5, Issue : 9, September - 2016

LEGAL PROVISIONS OF PATENTING IN INDIA

Nandan Sharma

Abstract :

<p>&nbsp; Among all living creatures only man has effectively utilized his intellect in improving his standard of living right from Stone Age till today. Intellectual property is the property which has been created by exercise of intellectual faculty. India has a long world of protection of Intellectual property Rights through a system of well developed substantive laws and established legal and administrative practices. The importance of patent system for stimulating inventions, research and development of the country is well recognized in India. The progress and prosperity of a nation depends upon the level of scientific, industrial and technology development. Patent Act, 1970 is the main legislation on patent. The Act was amended by Amendment Act of 1999, 2002 and 2005to incorporate the obligations of TRIPs. The researcher in this paper has given an overview of the procedure for the grant of Patent. The paper also highlights some prominent features of the TRIPs Agreement which have now been incorporated into our domestic legislation. These features include scope of patentability, patent eligibility and patent prosecution.</p>