The Patents (Amendment) Rules 2016 has been published by the Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) by notification dated 16th May 2016 in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary.
The Patents (Amendment) Rules 2016 has been made effective from the date of publication i.e. 16th May 2016.
Copy of the Amendment Rules
A soft copy of the Patents (Amendment) Rules 2016 is available at:
Provisions under the Patents Act 1970 relating to Compulsory license
Section 82 to 94
Preamble - principles applicable to working of patented inventions
Patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay. They are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article. The protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
Patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India. Patents granted do not in any way prohibit Central Government in taking measures to protect public health.
Section 2(1)(m) of the Patent Act 1970 defines a "patent" as a patent for any invention granted under the said Act.
What is an Invention?
Further, as per section 2(1)(j) of the Patent Act 1970 an "invention" means a new product or process involving an inventive step and capable of industrial application.
The meaning of "inventive step" is given in the section 2(1)(ja) of the said Act, which means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
There are different types of applications made to Patent office for registration of a Patent for new invention(s). These applications are just different ways to secure the rights of the inventors whether Nationally or Globally. Here, types of Patent applications should not be confused with types of Patents. Both are two different things.
Let us understand these different types of Patent applications in detail.
(1) Ordinary Application
An ordinary application is an application made to the Patent Office for registration of patent without claiming any priority of application made in convention country(ies) or without any reference to any other application(s) under process in the Patent Office.
An ordinary application may go through two different stages or only one. Initially as a provisional application which is followed by a complete application or as a complete application only.
- Provisional Application:
A provisional application helps in securing the rights of the inventor at a very early stage of its invention.
A provisional application is a summary of the idea behind the invention.
A provisional application can be briefed even as less as in a single page only.
Currently, the Patents Act, 1970 and the Patents Rules, 2003 (including amendments thereto) are in force.
The laws relating to Patents rights protection in India have evolved drastically during the last 160 years (initially enacted in 1856).
The below table would give an overall idea on the changes made over a period of time.
The act vi
of 1856 on protection of inventions based on the British patent law of 1852.
Certain exclusive privileges granted to inventors of new manufacturers for a
period of 14 years.
modified as act xv; patent monopolies called exclusive privileges (making.
Selling and using inventions in India and authorizing others to do so for 14
years from date of filing specification).
& Designs Protection Act.
Of Inventions Act.
as the Inventions & Designs Act.
Patents & Designs Act.
Act (Act 39 of 1970) came into force on 20th April 1972.
26, 1999 Patents (Amendment) Act, (1999) came into force from 01-01-1995.
(Amendment) Act 2002 came into force from 20th May 2003
(Amendment) Act 2005 effective from 1st January 2005
Under the provisions of section 159 of the Patents Act, 1970 the Central Government is empowered to make rules for implementing the Act and regulating patent administration. Accordingly, the Patents Rules, 1972 were notified and brought into force w.e.f. 20.4.1972.