Indian Patent Attorneys, Examiners and other IPR professionals will have to remove several expressions close to their heart from their daily lexicon. The age old prosecution steps of 'Putting the Application in Order for Acceptance', 'Notice of Acceptance', 'Advertisement of Notice of Acceptance', 'Opposition before Grant', 'Sealing of Patent' etc. have no place in Indian patent practice any more.
On December 26, 2004 the President of India promulgated an Ordinance to amend the national patents law. The Ordinance came into force on January 1, 2005 marking the culmination of a decade long efforts by the Government of India to make the Patents Act compliant with the TRIPS Agreement. A Presidential Ordinance is, however, a temporary legislative measure. It will cease to operate at the expiration of six weeks from the reassembly of the Parliament. The Government of India has the onerous task of getting the Patents Amendment Bill, 2003 passed by the Parliament, which contains the same provisions as that of the Ordinance. However, the rights and obligations created by the Ordinance are ordinarily not extinguished by any subsequent event.