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The 2005 Amendments to the Indian Patent Act expanded the scope of
patentability by (among other provisions) allowing patenting of new substances
brought about by incremental innovations. What exactly is an ‘incremental
innovation’? And how does the amended Act alter the legal definition of
patentable subject matter and restructure the essential criteria - utility,
novelty, no prior publication, and non-obviousness - around which patent law
This masterful analysis of patent law in India, by two of India’s most
distinguished jurists, investigates thoroughly the scope of the possible
answers to these crucial questions. Recognizing the character of the
revolution taking place in patent law globally under the regime of
multinational corporations - and India’s central role in its development - Dr.
Rao and Dr. Manjula Guru’s analysis focuses on the patenting of substances
arising out of advances in biotechnology, genetically engineered products, and
computer-related devices. But they do not neglect the practical details of
application, registration, and proceedings as constituted under the amended
law; in fact, this book is the most detailed and insightful procedural and
practice guide to the subject we have.
Topics and areas of practice covered include the following:
• patent for new use of a known product;
• prescribed form of application;
• entry in the Register;
• powers of the Controller of Patents;
• opposition and revocation proceedings;
• addition and restoration of lapsed patents;
• defences and reliefs in infringement proceedings;
• compulsory licensing;
• experimental use;
• international arrangements for grants of patents simultaneously by several
• anti-competitive practices; and
• exclusive marketing rights.
Dr. Rao and Dr. Guru refer throughout to the far-reaching effects of the
relevant World Trade Organization instruments (the TRIPS Agreement and the
Doha Declaration), including provisions related to public health and national
or regional emergencies and to research and development into new medicines.
Important case law is also referred to, and various corresponding provisions
of the law of several countries, in particular the United States, the United
Kingdom, and the European Union, are frequently brought into comparative
No legal, administrative, or business professional in any of the many areas
touched by patent law - not only in India, and elsewhere - can afford to
bypass this deeply-informed study of a topic of huge global significance.
Corporate counsel seeking an Indian patent will find no better guide.