The history of the patent system in India dates back to 1856, when the first legislation relating to patents was enacted under Act VI. Its main aim was to encourage inventors to disclose the secrets of their inventions and promote new and useful manufactures. However, this act was subsequently repealed due to its approval without the British Crown's consent.
In 1859, new legislation, Act XV, was introduced to grant exclusive privileges to useful inventions and extend the priority period from 6 months to 12 months. This act excluded importers from the definition of inventors and was based on the UK Act of 1852 with some modifications, including allowing assignees to make an application in India.
In 1872, the Act of 1859 was consolidated to provide protection relating to designs and was renamed as "The Patterns and Designs Protection Act" under Act XIII. The Act was further amended in 1883 to introduce a provision to protect the novelty of inventions, which were disclosed in the Exhibition of India. A grace period of six months was provided for filing such applications after the exhibition's opening date.
In 1888, an act was introduced to consolidate and amend the law relating to invention and designs in conformity with the amendments made in the UK law. The Indian Patents and Designs Act of 1911 replaced all previous acts and brought patent administration under the management of the Controller of Patents for the first time.
After India's independence, it became apparent that the 1911 Act was not fulfilling its objective. Therefore, the government of India constituted a committee under the chairmanship of Justice Bakshi Tek Chand in 1949 to review the patent law. The committee submitted its interim report in August 1949, recommending the prevention of misuse or abuse of patent rights in India and suggested amendments to sections 22, 23 & 23A of the Patents & Designs Act, 1911.
Based on the committee's recommendations, the 1911 Act was amended in 1950 in relation to the working of inventions and compulsory licence/revocation. In 1952, another amendment was made to provide compulsory licence in relation to patents in respect of food and medicines, insecticide, germicide or fungicide and a process for producing substances or any invention relating to surgical or curative devices.
In 1957, the government of India appointed the Justice N. Rajagopala Ayyangar Committee to examine the question of revision of the Patent Law and advise the government accordingly. The report of the Committee led to the enactment of the Patents Act, 1970, which repealed the Patents and Designs Act of 1911 and was based on the recommendations of the Committee. The Patents Act of 1970 introduced many significant changes in the patent law of India, including the introduction of product patents in the field of chemicals, food and drugs, and the process patent regime for other areas of technology.
The Patents Act, 1970, was further amended in 1999 to meet India's obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The amendment introduced a mailbox system to provide protection for pending applications for product patents on drugs and agrochemicals and provided for a 20-year patent term from the date of filing of the application.
In conclusion, the evolution of the patent system in India reflects the country's changing economic and political conditions and its efforts to align its patent laws with international standards while maintaining the balance between promoting innovation and safeguarding the public interest. The Patents Act of 1970 and its subsequent amendments have contributed significantly to the growth of India's technology and innovation ecosystem.
Reference: https://ipindia.gov.in/history-of-indian-patent-system.htm
