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History of Patent System in India

Patent system in India was first introduced by Britishers in 1856. This was later amended several times. The Indian Patents and Designs Act, 1911, (Act II of 1911) was first enacted under the management of Controller of Patents with a patent term of 14 years. The Patents Act in India was framed after Independence to fulfil the demand of industry and development of country on the basis of recommendations of the Justice Rajagopal Ayyangar Committee.

The Patents Act (Act 39 Of 1970) came into force on 20th April 1972. Initially, the Patent Act, 1970, provided a term of 7 years for pharmaceutical, agro chemical and food products and 16 years for other categories. Currently, with the Patents (Amendment) Act 2005 (Act 15 Of 2005) and the Patent Rules, 2003, India is granting patents for a term of 20 years from the date of filing and providing product patent as well for pharmaceuticals, agro chemicals and food products.