Mr. Comparing the evolution of Patent System with the current Patent Regime: With emphasis on the Rationale with which the Patent System was Introduced in India

Abstract

The Paper compares the Patent system introduced by British Government to the India and its subsequent changes leading to the enactment of the Indian Patents and Designs Act, 1911, which introduced the grant of Product Patent regime in India. Pointing out the difference in Process and Product Patent granting system and eventually Indias' adoption of Process patent regime to boost the Indian generic drug making companies and to improve the innovation. This articles covers the dynamic portion of jurisprudence of Intellectual Property Rights with special focus on Patents and changes that Indian Parliamnent had incorpotrated by way of three amendments in 1999, 2002 and 2005 post TRIPS Agreement, which made changes in granting patents i.e. both Product or Process Patents by reasonably amending the definition of 'invention' u/s 2(1)(j) of the Patents Act, 1970. Granting First Compulsory Licence to the Natco Pharma Limited for cancer drug. Incorporating the provisions of Post Grant Opposition to stop the menace of "Patent Trolling". Thus this article critically examined the changes that made India's IP Law especially for Patents ahead of times from rest of the world.