| The Government of India has met the December 31 | | | | Marketing Rights) abolished. |
| deadline for complying with its obligation to World | | | | · Computer software per se is not |
| Trade Organisation (WTO) under TRIPs agreement, | | | | patentable, but in combination with or embedded in |
| by promulgating an Ordinance - The Patent | | | | hardware is patentable. |
| (Amendment) Ordinance, 2004 followed by the Act - | | | | · Provision of 'acceptance of specification' |
| Patent (Amendment) Act, 2005. | | | | and its advertisement have been deleted. |
| Under TRIPS, India was required to introduce product | | | | · Provision for pre-grant and post-grant |
| patent where only process patent was permitted. | | | | opposition to the granting of a patent. |
| Procedural changes were also required to be made as | | | | · Application for patent will be published in |
| per Patent Co-operation Treaty (PCT). The new Act | | | | Official Journal. At that time opposition can be made |
| ensures adequate safeguards against misuse of | | | | on limited grounds but hearing is not mandatory. |
| patent rights and vests enough power with the | | | | · After grant of patent, opposition can be |
| Government to intervene and ensure that patented | | | | made within 12 months. |
| inventions are available for the public at an affordable | | | | · Provision of sealing of patent omitted. |
| price. | | | | · Provision for acquisition of patent for public |
| In nutshell, the most important changes are: | | | | health purposes. |
| · Product Patent can be issued in respect of | | | | · Suit for infringement of patent cannot |
| food, drugs and chemicals. Provisions of 'process | | | | commence before date of publication of publication |
| patent' for these goods abolished. | | | | of the application. |
| · Provisions in respect of EMR (Exclusive | | | | · Penalties enhanced substantially. |