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NEWSLETTER : LATEST
India finally joined Paris Convention and PCT on December 7, 1998.
Accordingly, for following the PCT route for India only those PCT Applications filed on or after December 7, 1998 which designate India can enter the National phase in India under Chapter I by 21 months from the priority date or under Chapter II by 31 months from the priority date.
This is because before December 7, 1998 India was not a member of PCT and hence India could not be designated as one of the National phase countries.
Therefore, in case the International PCT Application has been filed before December 7, 1998, an Applicant will have to file an ordinary Convention Application in India claiming priority from the basic Convention Application.
Please note that publication anywhere in the world destroys novelty in India.
Accordingly, we would recommend that Applicants take necessary action immediately in case an Application is to be filed in India through the Non-PCT route.
Feel free to revert to us in case you have any queries.
Please keep visiting our Website and we suggest you Bookmark it since we shall be adding more particulars regarding the PCT National phase filing in India very soon.
To comply with the requirements of WTO ( for providing pipeline protection for protection of Drugs and Agrochemicals till 2005) and the deadline set by the Dispute Settlement Board, the Indian Patents Act, 1970 has been amended in March 1999 by the Patents Amendment Act, 1999.
The main provision of this amendment are:-
It comes into effect from 1st day of January 1995 ( i.e in retrospect).
It affords the Applicant who has filed after January 1, 1995 a WTO BLACK BOX Application for Drugs and/or Agrochemicals, the right to Exclusively Market the product related to the said Patent Application in India for a period of five years from the date of grant of Exclusive Marketing Rights. Exclusive Marketing Rights are afforded to the Applicants on fulfilling undermentioned conditions on or after January 1, 1995 :-
(a) That a Patent Application has been filed for the said product in the
basic country which should be a Convention country.(b) That subsequently a WTO BLACK BOX PATENT APPLICATION
has been filed in India for the same product.(c) That the Patent has been granted in the basic country or in any
Convention country and marketing rights for the product has been
obtained in such country from concerned authorities.
The Central Government of India has reserved the right where adequate evidence in public interest is present, it can cancel the Exclusive Marketing Rights given to the Applicant for EMR and give the same to some other person.
The Central Government of India has also reserved the right to control the price of the product being marketed in India by the Applicant having EMR.
The provision for EMR does not apply to substances which are intermediates in the production of medicines or agrochemicals and also to substances which are based on the system of Indian Medicine or substances already in public domain.
Selling or distribution of any Patented article or substance has been deemed to be working of the invention in India.
In case you have any queries or you need any assistance kindly send us a fax or send us an email.
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