Among the key implications of India’s Patent Act is its lack of clarity, explains Pravin Anand.
TThe Indian Patent Law has been substantially mod ernized over the last two-and-a-half years. On Janu ary 1 2005 the Patents (Amendment) Act, 2005 took – – effect and then the Patents (Amendment) Rules, 2006. All the legislative arms and legs required by the TRIPS Agreement are now in place, but the limbs still have weak joints and a number of areas require careful attention.
All the legislative arms and legs required by the TRIPS Agreement are now in place, but the limbs still have weak joints and a number of areas require careful attention.
Foreign filing licence
Under Section 39 of the Act, residents of India who want a patent must apply in India before applying abroad. Citizens of any country working at an R&D centre in India are considered residents. However, applicants have two routes available to file abroad.
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Pravin Anand is a partner at Delhi firm Anand and Anand.
