India (IN) |
| Read term notes | |
| Current term: | 14 Years |
| From: | Date of Filing |
| Discontinuity Dates: | No |
| Term Notes: | Food, Drug and Insecticide patents have a term of 7 years from Filing or 5 years from Sealing, whichever is shorter. |
| Extension Possible: | No |
| Member of PCT: | Yes (07/12/1998) |
| Region: | None |
| Country Notes: | India became the 98th contracting state of the PCT on 07/12/1998 and became bound by Chapter II. |
| Current Law: | Patents Act 1970; Patent Amendment Act 1999 effective from 26/03/1999 |
| Effective From: | -- |
| Current Rules: | Patents Rules 1972; Patent Amendment Rules 1999, effective 02/06/1999 |
| Effective From: | 20/04/1972 |
| Law Notes: | Reciprocal priority agreements exist with Australia (AU), Canada (CA), Ireland (IE), New Zealand (NZ), Sri Lanka (LK) and United Kingdom (GB), the date of the earliest of these being taken. As of 03/01/1995, priority may be claimed from applications filed in countries that are members of the World Trade Organisation. Originally, only processes for chemicals were patentable. The Patent Amendment Ordinance of 31/12/1994, which allowed pharmaceutical and agro-chemical product patents under GATT, lapsed in March 1995.
As of November 1996, it was reported that India intended to use the 10-year transition period allowed to developing countries under the terms of the WTO-TRIPS Agreemnet. As a result, significant changes to the current patent system may not be in place before 2005. Legislation to comply with the TRIPs requirements relating to interim protection for pharmaceutical and agrochemical inventions prior to a time when India must grant such patents was passed on 10/03/1999. Under this law patent applications relating to human or animal medicines, insecticides, germicides, fungicides, weedicides or other means for the protection or preservation of plants are permitted but must not be examined before 31/12/2004 Patent Law in India has been amended and it is intended that the changes will come into effect in 2002. Changes include: a) patents granted under the new law, as well as those patents in effect when the new law comes into effect, will have a term of 20 years from the date of filing b) definitions of what is patentable under Indian Law have been broadened c) applications will be published 18 months after their priority dates. 07/04/2004 UPDATE: The Indian Patent Law was amended on 20/05/2003. Changes include (a) introduction of deferred examination (b) a patent term of 20 years for all patents in force on 20/05/2003 and (c) publication of applications 18 months from filing date. |
| Database Coverage | |
| Derwent WPI: | No |
| INPADOC: | Yes From 02/08/1975 All Technologies (All Technologies) |