Patent Law Research Paper

Any new creation, innovation or discovery needs its rightful and legal space in the market, without the fear of being cloned, duplicated or forged by any other competitor in the same field. This means that there has to be some sort of law or a part of such governance, which outlines some rules regarding the protection of the uniqueness or notable feature of that particular product which is being launched in the market. Intellectual property rights are such kind of law in the legal sector, which adheres to the protection of new inventions in any field of with the name widely known as “PATENTS". Patent law formation is nothing less than a backbone to the manufacturers of any particular product or process in the wide market worldwide. Considered

As compared to the 1970s and 1980s where Indian Pharma Industry (IPI) was at the helm of the process capacities, the last few years have seen significant new IPRs being put into practice in. India. India inherited the patent laws from the British in 1856 almost 160 years ago. Although the British patent laws were westernized. Though there was significant progress in different types of industries in India, the domestic pharmaceutical industry somehow lagged behind in reaching higher standards during the British Rule. The pharmaceutical sector was dominated by the multinationals, due to which life saving drugs were available in India a very high price. However, upon gaining Independence from the British the Indian government along with some eminent jurists and policy makers went forward by amending the then existing patent laws which resulted in the enactment of the Patents Act, 1970. The decade of 1970 has been of great importance to the intellectual property regime in India as it abolished product patenting in

Based on that analysis, this paper also highlights the scope and implementation of Section 3(d). It also recommends that India should reinterpret Section 3(d) of its Patents Act in a way that gives stronger protection to drug innovators. It takes into consideration all the issues relating to the domestic environment, which affects the new patent system in India. In addition, it examines all recent challenges and objections raised by multinational Pharma companies against Indian domestic manufacturers close to the amendments made in the year 2005 in the new patents act. The focal point of the newly implemented section3(d) of the Indian patents act is the smooth mixing of both; that is a significant original innovation of a new product and its pricing in the market which is affordable by majority of the population of the country, adhering to the format of the TRIPs. The paper also examines recent clashes and key legal decisions involving foreign pharmaceutical companies and Indian generic manufacturers since the 2005 amendments to India’s Patents Act. It concludes by providing suggestions and recommendations as to how India’s patent system should give a broad interpretation to Section 3(d) of India’s Patents Act in light of the mechanisms already in place to expunge frivolous