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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Before 2005, the Patents Act, 1970 had a section 5 under which, for certain inventions, only methods or processes of manufacture were patentable. What is the current status of section 5?

Section 5 was omitted by the Patents (Amendment) Act, 2005, with effect from 1 January 2005. The earlier rule that only methods or processes of manufacture were patentable for certain inventions therefore no longer applies.

  1. AIt remains in force for food and medicines
  2. BIt was omitted by the Patents (Amendment) Act, 2005 w.e.f. 1-1-2005Correct
  3. CIt was replaced by section 4 in 2005
  4. DIt was omitted in 2002 w.e.f. 20-5-2003

Explanation

The official text shows section 5 is omitted by the Patents (Amendment) Act, 2005 (15 of 2005), w.e.f. 1-1-2005. So the process-only restriction no longer applies. The 2002 date relates to other amendments, such as those in section 35 and section 118.

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