A look at the legal conditions to obtain a patent and which legislation applies, which products substances and processes can be protected by patents and what cannot be patent protected.
India amended its patent law in 2005 to comply with the World Trade Organization Agreement or Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS). The Patents Act provides protection to all products and processes irrespective of the technology to which they relate. The patentability of any particular type of product, substance or process is not prohibited, provided it satisfies the conditions as prescribed under the Patents Act (see above, Conditions and legislation).
This chapter elaborates on the patent application process, duration of protection and how to extend it , and even how patents can be revoked.
Authored by Pravin Anand, Aditya Gupta and Aasish Somasi.
This chapter was published in Practical Law’s Life Sciences 2016.
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