Mohan Dewan, proprietor of RK Dewan & Co, discusses recent changes to India’s patent regime
The Indian Patents Act, 1970, aims to maintain a balance between the growth of the industrial sector and the public interest. The Patents (Amendment) Act, 2005, brought about radical changes to patent law to usher in a regime compliant with the World Trade Organization Trade-Related Aspects of Intellectual Property Rights. A notable feature of the amendment act is that product patents are now available for pharmaceuticals and chemicals.
Patents can be obtained for both inventive products and processes. An invention must be novel, possess at least one inventive step and have industrial applicability. Both provisional and final patent applications are possible and a patent can be opposed before or after it is has been granted.
Obtaining a patent in India is a fairly simple process. There are four functionally independent patent offices. Specifications of the patent, either provisional or complete, can be filed in English. In addition, the power of attorney and other documents do not require notarization or legalization.
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Mohan Dewan is the proprietor of RK Dewan & Co in Mumbai.
