History Of IPR : Patents

The history of patents and patent laws is generally considered to have started in Italy with a Venetian Statute of 1474 which was issued by the Republic of Venice . They issued a decree by which new and inventive devices, once they had been put into practice, had to be communicated to the Republic in order to obtain legal protection against potential infringers. The period of protection was 10 years.

Patents, however, existed before the law. The first Italian patent was actually awarded by the Republic of Florence in 1421 and there is evidence suggesting that something like patents was used among some ancient Greek cities. In 500 BC, in the Greek city of Sybaris (located in what is now southern Italy ), “encouragement was held out to all who should discover any new refinement in luxury, the profits arising from which were secured to the inventor by patent for the space of a year.”

The crown of England letters patent providing any person with a monopoly to produce particular goods or provide particular services. The first such letter was granted by Henry VI in 1449 to a Flemish man for a 20 year monopoly for his invention.

The first patent was granted on July 31, 1790 to Samuel Hopkins of Philadelphia for a method of producing potash (potassium carbonate). an essential ingredient used in making soap, glass, and gunpowder (Carnegie Library of Pittsburgh

The history of Patents in India can be traced back to the nineteenth century A.D., where the first Patent Act was enacted during the British Regime in the year 1856. It is also worth mentioning that the first patent to be granted in India was that of a “Pankha” and it was granted to DePenning.

A torrent of changes has occurred in the Indian Patent regime ever since the first filing of patent by DePenning in the form of various amendments. The amendments that have occurred over the years in the Patent Regime in India are:

History of Indian Patent System

1856 THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FORA PERIOD OF 14 YEARS.

1859 THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION).

1872 THE PATENTS & DESIGNS PROTECTION ACT.

1883 THE PROTECTION OF INVENTIONS ACT.

1888 CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT

1911 THE INDIAN PATENTS & DESIGNS ACT.

1972 THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972 .

1999 ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995

2002 THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 20TH MAY 2003

2005 THE PATENTS (Amendment)ACT 2005 EFFECTIVE FROM 1st JANUARY 2005