Journal américain de l'administration avancée de médicaments Libre accès

Abstrait

Evolving Pace of Patent in India and its Corollary in Past, Present and Future

O.M. Bagade, R.R. Pujari, M.D. Vanave, A.M. Shete, P.P. Kharat and N.A. Nemlekar

The law of patents in India is governed by the patent Act 1970 as amended by the patent Act 1990. A bill named patent bill 1999 which had proposed substantial changes in the law was introduced in the parliament in December 1999, and was passed as the patent Act 2002.A patent is monopoly right granted to a person who has invented a new and useful or an improvement of an existing article or a new process of making an article. After the expiry of the duration of patent, anybody can make use of the invention. A patent is a form of industrial property or as it is now called intellectual property. The owner of the patent can sell this property. A patent being a creation of statute is territorial in extent. A patent granted in one stated cannot be enforced in another state unless the invention concerned is also patented in that state. A patent is not granted for an idea or principal as such, but for some article or the process of making some article applying the idea. The object of granting a patent is to encourage and develop new technology and industry. An inventor may disclose the new invention only if he is rewarded; otherwise he may work it secretly. In consideration of the grant of monopoly for a limited period, the inventor discloses the details of the new invention and the method working it so that after the expiry of monopoly period others can use the invention or improve upon it.