In line with its WTO obligations, India has adopted from Saturday the product patent regime for food, drugs and chemicals and embedded software with adequate safeguards to protect the interests of common manThe government introduced the product patent regime by amending the Patent Act by way of ordinance on December 26 and notifying rules on December 28.

India, Brazil and China are among the few countries which have advanced their deadline to meet their Trade Related Intellectual Property Rights commitments.

TRIPS agreement on public health provides for invoking compulsory licensing to countries to address any health emergencies.

Least developed countries like Bangladesh have time till 2010 to effect product patents.
With the Act coming into effect, the process of grant of product patents will get rolling as the government begins opening up of 'mail box' applications.

There are about 12,000 applications in the mail box and it will take about three to four months to open these applications.

Provisions with regard to grant of 'exclusive marketing rights' became redundant with the act coming into force.

The new act provides for steps for introduction of a provision for enabling grant of compulsory license, provision for empowering government to revoke patent in public interest and conditional grant of patent.
It clearly states that 'mere' importability shall not suffice for getting a patent.
Bill to amend the act was introduced by the previous government a year ago but it had lapsed owing to elections.

The new government set up a group of ministers and started the process of consultations, but with last comments coming in only by December 21, 2004, the bill could not be introduced in Parliament and an ordinance had to be promulgated.