Fisheries Economics

7.2.5. Patent – History in India

The history of patents in India began by the act VI of 1856 which was subsequently repealed by the act IX of 1857 as the former act lacked approval of the British crown. To provide “exclusive privileges”, the act XV of 1858 was introduced which was based on the United Kingdom Act of 1852. It was consolidated and renamed as “The Patterns and Designs Protection Act” under act XIII of 1872. It was amended by the act XVI of 1883. All these acts were replaced by “The Indian Patents and Designs Act, 1911” (Act II of 1977). Under this Act the Controller of Patents was identified to administer patent process and all aspects relation to it. It underwent modifications in 1920, 1930 and 1945.

A committee under the chairmanship of Dr. Bakshi Tek Chand, a retired Judge of Lahore High Court, was formed to suggest measures for revision of the patent laws to suit the interests of Independent India. Based on the recommendations of this committee, the 1911 act was amended in 1950 (Act XXXII of 1950). Again in 1957, another committee under Justice N. Rajagopala Iyengar was set up to suggest further revisions needed and its recommendations led to the Patents Bill, 1965. Later, the Patents Act, 1970 was passed and brought into force with effect from 1972 through patent rules, 1972. This act existed for 24 years and underwent amendments in 1994, 1995, 2003 and 2004. It was replaced by the Patents (Amondment) Act, 2005 (act 15 of 2005) and followed from 1.1.2005 onwards.

Now, the Controller General of Patents, Designs and Trademarks, Department of Industrial Policy and Promotions, Ministry of Commerce and Industry of the Government of India deals will all IPR issues.