(1) This Ordinance may be called the Patents (Amendment) Ordinance, 1999.
(2) It shall be deemed to have come into force on the 1st day of January, 1995.
Short title and commencement.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of section
5.
Insertion of new Chapter IVA.
Application for grant of exclusive rights.
Grant of exclusive rights.
2. Section 5 of the Patents Act, 1970 (hereinafter referred to as the principal Act) shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:— "(2) Notwithstanding anything contained in sub-section (I), a claim for patent of an invention for a substance itself intended for use, or capable of being used, as medicine or drug, except the medicine or drug specified under sub-clause (v) of clause (1) of sub-section (1) of section 2, may be made and shall be dealt, without prejudice to the other provisions of this Act, in the manner provided in Chapter IVA.".
3. After Chapter IV of the principal Act, the following Chapter shall be inserted, namely :-- "CHAPTER IVA EXCLUSIVE MARKETING RIGHTS