Experimentation / Research Exemption In Indian Patent Law: Scope And Ambit Of Section 47(3) Remains Uncertain!

Statutory Evolution

At the time of Independence, India’s patent regime was governed by the Patents and Designs Act, 1911. Shortly after Independence, in 1949, a committee was constituted under the chairmanship of Justice (Dr.) Bakshi Tek Chand, to undertake a comprehensive review of the working of the 1911 Act. In 1957, another committee came to be appointed under the chairmanship of Justice N. Rajagopala Ayyangar to take a fresh look at the law of patent and to completely revamp and recast it to best sub-serve the contemporary needs of the country.

Justice Ayyangar submitted a comprehensive Report on Patent Law Revision in September 1959 and the new law of patent, namely, the Patents Act, 1970, came to be enacted mainly based on the recommendations of the report, and came into force on April 20, 1972, replacing the Patents and Designs Act, 1911.

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