Thursday, 18 September 2014

BRIEF HISTORY OF INDIAN PATENT SYSTEM - Part 2; INDIAN PATENTS AND DESIGNS ACT, 1911

In 1911, the Indian Patents and Designs Act, 1911, (Act II of 1911) was brought in replacing all the previous legislations on patents and designs. This Act brought patent administration under the management of Controller of Patents for the first time. The Act II of 1911 incorporated provisions of 1907 Act of UK. This act substituted the expression "Exclusive privileges" with "Patent". Further, the duration of Indian patent was made independent of duration of UK patent.

The Act II of 1907 was amended in 1920 to provide for entering into reciprocal arrangements with UK and other countries for securing priority. In 1930, further amendments were made to incorporate, inter-alia, provisions relating to grant of secret patents, patent of addition, use of invention by Government, powers of the Controller of Patents to rectify register of patent and increase of term of the patent from 14 years to 16 years. In 1945, another amendment was made to provide for filing of provisional specification and submission of complete specification within nine months.


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