Indian patent laws amended

United Kingdom
13/01/2005
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On 1 January 2005, the Indian government amended its patent laws to conform with WTO Rules and to meet a WTO-imposed deadline. Whilst concerns have been expressed as to the scope of the new provisions, and there are certainly areas requiring clarification, a number of important changes have been made. In particular, you should be aware of the following key changes:

  • Product patents are now available for chemicals and medicines.
  • Patents covering computer programs with a technical application for the industry are to be allowed.
  • Compulsory licences may be available both to supply the Indian market or to export to countries that have insufficient manufacturing capacities of their own.
  • Generic companies will be able to conduct relevant clinical trials pre-patent expiry to ready themselves for entry into the market immediately upon patent expiry.
  • There are fee increases and other procedural changes.

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