Amendment in Patent Act, 1970 and The Patents Rules, 2003

Amendment in Patent Act, 1970 and The Patents Rules, 2003. As you are aware, The Patent Office is amending the Act and Rules according to the requirement of amendments to be incorporated in the same.
History and Amendments of the Indian Patent Act
After independence, The Indian Patents and Designs Act, 1911 was updated. In 1957, the Indian government appointed a committee headed by Justice N. Rajagopala Ayyangar to investigate the feasibility of modifying the Indian Patent Law and give suggestions to the government. However, after two unsuccessful amendments in 1965 and 1967, the patent legislation was established in 1970, and most of the provisions of the 1970 Act went into force on 20.04.1972, with the publication of the Patents Rules, 1972. In 2002 the Patents (Amendment) Act was enacted on 22.06.1999 and later enforced from 20.05.2003.
Thereafter, the Patent Act 1970 as amended by the Patent (Amendment) Act, 2005 effective from 01.01.2005 and the Patent Rules, 2003 as amended by the Patent (Amendment) Rules, 2006 effective from 05.05.2006. Patent Amendment rules were further amended later, such as in the years 2017, 2020 and 2021 respectively.
Key Amendments in the Indian Patents Act
The Patents (Amendment) Act, 1999
This amendment made in December 1999 with a purpose to brought India’s patent law in line with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It allowed for product patents in pharmaceuticals and agricultural chemicals, a shift from the earlier process patent regime.
Key Changes: a] Introduction of product patents in pharmaceuticals; b] Change in the duration of patents to 20 years from the filing date and c] Provisions for compulsory licensing and parallel imports were introduced.
The Patents (Amendment) Act, 2002
Through this Amendment came in 2002, the purpose was to further comply with the TRIPS agreement, particularly in the context of patentability and enforcement.
Key Changes: a] Increased patent terms from 14 years (under earlier law) to 20 years; b] Provisions for mailbox applications for pharmaceutical products filed before 2005; and c] Clarified the provisions relating to non-patentable inventions, including biological processes and plants/animals.
The Patents (Amendment) Act, 2005 
Thereafter further amendment occurred in 2005, for a purpose of bringing more clarity and enhance India’s compliance with TRIPS obligations.
Key Changes: a] Pharmaceutical patents were made applicable for new chemical entities (NCEs) in addition to existing compounds; b] Compulsory licensing provisions were introduced for certain circumstances, enabling the government to issue licenses without the patent holder's consent; and c] Tightening of patent opposition provisions, which included both pre-grant and post-grant opposition mechanisms.
The Patents (Amendment) Act, 2016 
This amendment was made in 2016 to the purpose of streamline the patent examination and grant processes.
Key Changes: a] Fast-tracking of patent applications, especially for start-ups and small entities; b] Introduced the start-up patent examination scheme, which allows for quicker processing of applications filed by recognized start-ups; and c] Other procedural changes to improve patent filing and examination efficiency.
The Patents (Amendment) Act, 2020 
Again, an amendment made in 2020 with the purpose of aiming at facilitating ease of doing business and modernizing the patent office systems.
Key Changes: a] Introduction of provisions related to digital signatures for filing patent applications; b] The amendment streamlined the patent filing process and made it more user-friendly; and c] Amendments were also introduced to reduce examination timelines and to ensure better user experience for applicants.
Amendments to the Patents Rules
Along with amendments to the Patents Act, the Patents Rules 2003 have been modified several times to improve the process of patent registration and filing.
The Patents (Amendment) Rules, 2005 
By way of this amendment in rules in 2005, the purpose was to ensure that the rules were aligned with the changes in the Patents Act and to implement the TRIPS requirements.
Key Changes: a] Introduction of new forms for filing applications; b] Changes in the fees structure; and c] Procedural changes to facilitate quick processing of patent applications.
The Patents (Amendment) Rules, 2016 
This amendment in Rules was made in 2016 to make the process of patent filing more efficient and to facilitate start-ups and small entities.
Key Changes: a] Reduction in fees for start-ups, small entities, and educational institutions; b] Provisions for e-filing and digital signatures; and c] Changes to patent application timelines to speed up the process.
The Patents (Amendment) Rules, 2021 
Further amendment to the Rules was made in 2021, aimed at enhancing the ease of doing business and improving operational efficiency.
Key Changes: a] Introduction of fees for expedited examinations of patent applications; b] Modified rules regarding patent filing deadlines and processes; and c] Further improvements to the processing speed of patent applications.
Circulars Issued Regarding Amendments
Several circulars have been issued by the Indian Patent Office (IPO) to notify patent applicants and practitioners about the changes brought about by the amendments. Here are some notable ones:

Circular No. 2/2007: Regarding procedures under the Patents (Amendment) Act, 2005.

Circular No. 7/2007: Regarding the introduction of the Pre-grant Opposition.

Circular No. 14/2016: Relating to Fast-Track Examination for patent applications.

Circular No. 2/2017: Regarding the Startup India Initiative and amendments to the filing process.

Circular No. 13/2020: Related to the 2020 amendments, and the digital signature process.

After all the above amendments, the most recent significant changes to India's intellectual property framework were the Patents (Amendment) Rules, 2024, which updated procedural aspects and introduced a grace period under Section 31 for certain inventions published at a learned society. The actual Patents Act, 1970, however, was last amended by the Patents (Amendment) Act, 2005, to comply with TRIPS Agreement, extending product patents to pharmaceuticals and chemicals and introducing provisions like compulsory licensing.
Key aspects of the 2005 Act Amendment is related to the following objectives

Product Patent Extension: Introduced product patents in fields such as food, drugs, chemicals, and microorganisms, aligning with the WTO's TRIPS Agreement.

Compulsory Licensing: Included provisions for the grant of compulsory licenses, which allow for the non-voluntary use of a patent under specific circumstances.

Pre-Grant and Post-Grant Opposition: Established procedures for both pre-grant and post-grant opposition to patents.

Key aspects of the 2024 Rules Amendment

Grace Period: Introduced a grace period under Section 31 for inventions published in learned societies, allowing applicants to file a patent application within a specific time frame.

Divisional Applications: Provided clearer guidelines for filing divisional applications, including the possibility of filing a divisional of a divisional.

Inventor Certificates: Added a process to issue certificates of inventorship to inventors, providing them with recognition and encouragement.

Decriminalization of Minor Offences: The Jan Vishwas Amendment in 2024 decriminalized certain minor offenses and replaced imprisonment with penalties, as detailed in this article.

As per Indian Patent Law, some kind of inventions are not patentable which are:

An invention, which is frivolous or claims contrary to well established natural laws, contrary to public order or morality which causes serious prejudice to human, animal or plant life or health or the environment is not patentable.

The mere discovery of a scientific principle or the formulation of an abstract theory or the discovery of any living-thing or non-living substance occurring in nature is not patentable.

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employing at least one new reactant are non-patentable.

A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not patentable.

The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; a method of agriculture or horticulture is not patentable.

Any process of medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products are not patentable.

Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for the production or propagation of plants and animals are not patentable.

A mathematical or business method or a computer program per se or algorithms are not patentable.

Literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions are not patentable.

A mere scheme or rule or method of performing mental act or method of playing of a game, a presentation of information, or topography of integrated circuits are non-patentable.

An invention which is traditional knowledge, or which is aggregation or duplication of known properties of a traditionally known component or components are not patentable.

Inventions related to atomic energy are not patentable.

Benefits of Patents and Patent Law
There is lots of benefits on patenting the inventions like the patent owner has the right to block or prohibit others from economically exploiting the protected invention; others cannot commercially make, use, distribute, import or sell the patented invention without patent owner’s permission; patent provides market strength among competitors; patent right can be licensed or assigned commercially; patent attract investors for better capital gains; and patents are showcases of techno-commercial success.
Patent Law provides a strong foundation for the stakeholders of innovation such as inventors and innovators.
About Idea, Invention and Inventor
An inventor who thinks of the idea and not who executes the idea. It may be the case inventor is also applicant; this is not always so. A corporate body is not an inventor. It is important to consider and distinguish between the name of the inventor and that of the applicant at the time of filing a patent application.
Conclusion
The Indian patent law has undergone several amendments since its enactment in 1970, particularly in response to global trade norms and to encourage innovation within the country. Each amendment aimed to make India more competitive on the global stage, attract foreign investment, and strengthen intellectual property rights.
For exact dates, notifications, and detailed circulars, you can refer to the official website of the Indian Patent Office or the Department for Promotion of Industry and Internal Trade (DPIIT), which often releases updates on amendments and changes in procedures.

As you are aware, The Patent Office is amending the Act and Rules according to the requirement of amendments to be incorporated in the same.

History and Amendments of the Indian Patent Act

After independence, The Indian Patents and Designs Act, 1911 was updated. In 1957, the Indian government appointed a committee headed by Justice N. Rajagopala Ayyangar to investigate the feasibility of modifying the Indian Patent Law and give suggestions to the government. However, after two unsuccessful amendments in 1965 and 1967, the patent legislation was established in 1970, and most of the provisions of the 1970 Act went into force on 20.04.1972, with the publication of the Patents Rules, 1972. In 2002 the Patents (Amendment) Act was enacted on 22.06.1999 and later enforced from 20.05.2003.

Thereafter, the Patent Act 1970 as amended by the Patent (Amendment) Act, 2005 effective from 01.01.2005 and the Patent Rules, 2003 as amended by the Patent (Amendment) Rules, 2006 effective from 05.05.2006. Patent Amendment rules were further amended later, such as in the years 2017, 2020 and 2021 respectively.

Key Amendments in the Indian Patents Act

The Patents (Amendment) Act, 1999

This amendment made in December 1999 with a purpose to brought India’s patent law in line with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It allowed for product patents in pharmaceuticals and agricultural chemicals, a shift from the earlier process patent regime.

Key Changes: a] Introduction of product patents in pharmaceuticals; b] Change in the duration of patents to 20 years from the filing date and c] Provisions for compulsory licensing and parallel imports were introduced.

The Patents (Amendment) Act, 2002

Through this Amendment came in 2002, the purpose was to further comply with the TRIPS agreement, particularly in the context of patentability and enforcement.

Key Changes: a] Increased patent terms from 14 years (under earlier law) to 20 years; b] Provisions for mailbox applications for pharmaceutical products filed before 2005; and c] Clarified the provisions relating to non-patentable inventions, including biological processes and plants/animals.

The Patents (Amendment) Act, 2005

Thereafter further amendment occurred in 2005, for a purpose of bringing more clarity and enhance India’s compliance with TRIPS obligations.

Key Changes: a] Pharmaceutical patents were made applicable for new chemical entities (NCEs) in addition to existing compounds; b] Compulsory licensing provisions were introduced for certain circumstances, enabling the government to issue licenses without the patent holder's consent; and c] Tightening of patent opposition provisions, which included both pre-grant and post-grant opposition mechanisms.

The Patents (Amendment) Act, 2016

This amendment was made in 2016 to the purpose of streamline the patent examination and grant processes.

Key Changes: a] Fast-tracking of patent applications, especially for start-ups and small entities; b] Introduced the start-up patent examination scheme, which allows for quicker processing of applications filed by recognized start-ups; and c] Other procedural changes to improve patent filing and examination efficiency.

The Patents (Amendment) Act, 2020

Again, an amendment made in 2020 with the purpose of aiming at facilitating ease of doing business and modernizing the patent office systems.

Key Changes: a] Introduction of provisions related to digital signatures for filing patent applications; b] The amendment streamlined the patent filing process and made it more user-friendly; and c] Amendments were also introduced to reduce examination timelines and to ensure better user experience for applicants.

Amendments to the Patents Rules

Along with amendments to the Patents Act, the Patents Rules 2003 have been modified several times to improve the process of patent registration and filing.

The Patents (Amendment) Rules, 2005

By way of this amendment in rules in 2005, the purpose was to ensure that the rules were aligned with the changes in the Patents Act and to implement the TRIPS requirements.

Key Changes: a] Introduction of new forms for filing applications; b] Changes in the fees structure; and c] Procedural changes to facilitate quick processing of patent applications.

The Patents (Amendment) Rules, 2016

This amendment in Rules was made in 2016 to make the process of patent filing more efficient and to facilitate start-ups and small entities.

Key Changes: a] Reduction in fees for start-ups, small entities, and educational institutions; b] Provisions for e-filing and digital signatures; and c] Changes to patent application timelines to speed up the process.

The Patents (Amendment) Rules, 2021

Further amendment to the Rules was made in 2021, aimed at enhancing the ease of doing business and improving operational efficiency.

Key Changes: a] Introduction of fees for expedited examinations of patent applications; b] Modified rules regarding patent filing deadlines and processes; and c] Further improvements to the processing speed of patent applications.

Circulars Issued Regarding Amendments

Several circulars have been issued by the Indian Patent Office (IPO) to notify patent applicants and practitioners about the changes brought about by the amendments. Here are some notable ones:

Circular No. 2/2007: Regarding procedures under the Patents (Amendment) Act, 2005.
Circular No. 7/2007: Regarding the introduction of the Pre-grant Opposition.
Circular No. 14/2016: Relating to Fast-Track Examination for patent applications.
Circular No. 2/2017: Regarding the Startup India Initiative and amendments to the filing process.
Circular No. 13/2020: Related to the 2020 amendments, and the digital signature process.

After all the above amendments, the most recent significant changes to India's intellectual property framework were the Patents (Amendment) Rules, 2024, which updated procedural aspects and introduced a grace period under Section 31 for certain inventions published at a learned society. The actual Patents Act, 1970, however, was last amended by the Patents (Amendment) Act, 2005, to comply with TRIPS Agreement, extending product patents to pharmaceuticals and chemicals and introducing provisions like compulsory licensing.

Key aspects of the 2005 Act Amendment is related to the following objectives

Product Patent Extension: Introduced product patents in fields such as food, drugs, chemicals, and microorganisms, aligning with the WTO's TRIPS Agreement.
Compulsory Licensing: Included provisions for the grant of compulsory licenses, which allow for the non-voluntary use of a patent under specific circumstances.
Pre-Grant and Post-Grant Opposition: Established procedures for both pre-grant and post-grant opposition to patents.

Key aspects of the 2024 Rules Amendment

Grace Period: Introduced a grace period under Section 31 for inventions published in learned societies, allowing applicants to file a patent application within a specific time frame.
Divisional Applications: Provided clearer guidelines for filing divisional applications, including the possibility of filing a divisional of a divisional.
Inventor Certificates: Added a process to issue certificates of inventorship to inventors, providing them with recognition and encouragement.
Decriminalization of Minor Offences: The Jan Vishwas Amendment in 2024 decriminalized certain minor offenses and replaced imprisonment with penalties, as detailed in this article.

As per Indian Patent Law, some kind of inventions are not patentable which are:

An invention, which is frivolous or claims contrary to well established natural laws, contrary to public order or morality which causes serious prejudice to human, animal or plant life or health or the environment is not patentable.
The mere discovery of a scientific principle or the formulation of an abstract theory or the discovery of any living-thing or non-living substance occurring in nature is not patentable.
The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employing at least one new reactant are non-patentable.
A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not patentable.
The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; a method of agriculture or horticulture is not patentable.
Any process of medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products are not patentable.
Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for the production or propagation of plants and animals are not patentable.
A mathematical or business method or a computer program per se or algorithms are not patentable.
Literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions are not patentable.
A mere scheme or rule or method of performing mental act or method of playing of a game, a presentation of information, or topography of integrated circuits are non-patentable.
An invention which is traditional knowledge, or which is aggregation or duplication of known properties of a traditionally known component or components are not patentable.
Inventions related to atomic energy are not patentable.

Benefits of Patents and Patent Law

There is lots of benefits on patenting the inventions like the patent owner has the right to block or prohibit others from economically exploiting the protected invention; others cannot commercially make, use, distribute, import or sell the patented invention without patent owner’s permission; patent provides market strength among competitors; patent right can be licensed or assigned commercially; patent attract investors for better capital gains; and patents are showcases of techno-commercial success.

Patent Law provides a strong foundation for the stakeholders of innovation such as inventors and innovators.

About Idea, Invention and Inventor

An inventor who thinks of the idea and not who executes the idea. It may be the case inventor is also applicant; this is not always so. A corporate body is not an inventor. It is important to consider and distinguish between the name of the inventor and that of the applicant at the time of filing a patent application.

Conclusion

The Indian patent law has undergone several amendments since its enactment in 1970, particularly in response to global trade norms and to encourage innovation within the country. Each amendment aimed to make India more competitive on the global stage, attract foreign investment, and strengthen intellectual property rights.

For exact dates, notifications, and detailed circulars, you can refer to the official website of the Indian Patent Office or the Department for Promotion of Industry and Internal Trade (DPIIT), which often releases updates on amendments and changes in procedures.