A patent is a legal right that lets an inventor stop others from making, using, selling, or importing their invention without permission. The key concepts in Patent Law define what can be patented and how. It’s designed to encourage new ideas by giving inventors a temporary monopoly, usually 20 years to benefit from their work, while ensuring the public can use the invention after the patent expires. The Act creates a system to protect inventions, which encourages people and companies to invest in research and development. It’s especially important in fields like medicine, where new drugs can save lives but are costly to develop. The Act also includes rules, like compulsory licensing, to make sure critical inventions, such as affordable medicines, are available to the public, especially in a country like India with diverse economic needs.
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Key Concepts in Patent Law
The Patents Act, 1970, shapes innovation in India by protecting inventors while addressing public needs. The 2005 amendment, for example, allowed product patents for drugs which sparked debates about balancing innovation along with affordable healthcare. It’s a complex system, but it aims to support both creators and society. Let’s look into the details of the key concepts in Patent Law
1. Definition of a Patent and Invention
A patent is an exclusive right provided by the government to an inventor and allowing them to exclude others from commercially exploiting their invention without permission. According to Section 2(1)(j) of the Patents Act, 1970, an invention is defined as a new product or process involving an inventive step and capable of industrial application, which ensures that only creations that are novel, non-obvious and industrially useful qualify for patent protection.
2. Patentability Criteria
For an invention to be patentable, it must satisfy the following three patentability criteria. These criteria ensure that patents are provided only for those innovative contributions who are genuine
Novelty (Section 2(1)(l)): The invention must not have been disclosed to the public in any form through publication, use, or otherwise—before the filing date of the patent application.
Inventive Step (Section 2(1)(ja)): The invention must not be obvious to a person skilled in the relevant field, which demonstrates technical advancement or economic significance.
Industrial Application (Section 2(1)(ac)): The invention must be capable of being made or used in an industry, ensuring practical utility.
3. Rights of a Patentee
The rights allow patentees to commercially exploit their inventions and protect their investment in research and development. The Patents Act grants patentees exclusive rights to prevent third parties from
Making, using, offering for sale, selling, or importing the patented product in India.
Using the patented process or using, offering for sale, selling or importing products directly obtained from that process in India.
4. Term of a Patent
The term of a patent is 20 years from the date of filing the application, as specified in the Act. For applications filed under the Patent Cooperation Treaty (PCT), the term begins from the international filing date. After this period, the invention enters the public domain.
5. Non-Patentable Subject Matter
Section 3 of the Act lists categories that are not considered inventions and are thus non-patentable. These include
Frivolous inventions or those contrary to natural laws.
Inventions contrary to public order, morality, or harmful to human, animal or plant life, health or the environment.
Mere discoveries of scientific principles, abstract theories, or natural substances.
New forms of known substances without significantly enhanced efficacy (e.g., salts, esters, polymorphs), as emphasized in Section 3(d).
Methods of agriculture or horticulture.
Processes for medical, surgical, curative, prophylactic, diagnostic, or therapeutic treatment of humans or animals.
Plants and animals (except microorganisms), including seeds, varieties and biological processes.
Mathematical or business methods, computer programs per se, or algorithms.
Literary, dramatic, musical, or artistic works, including cinematographic works.
Methods of performing mental acts, playing games, or presenting information.
Topography of integrated circuits.
Traditional knowledge or aggregations of known properties.
This list ensures that patents align with public interest and exclude non-inventive or harmful subject matter.
Non-Patentable Category | Description |
Frivolous or Contrary to Laws | Inventions that are trivial or violate natural laws. |
Public Order/Morality/Health | Inventions harmful to public order, morality, or human, animal, plant life, health, or environment. |
Scientific Principles/Theories | Mere discoveries of principles, theories, or natural substances. |
New Forms of Known Substances | New forms without enhanced efficacy (e.g., salts, esters). |
Agriculture/Horticulture Methods | Methods related to farming or gardening. |
Medical Treatment Processes | Processes for treating humans or animals. |
Plants/Animals | Whole or part of plants/animals, except microorganisms. |
Mathematical/Business Methods | Includes computer programs per se and algorithms. |
Artistic Works | Literary, dramatic, musical, or artistic creations. |
Mental Acts/Games | Schemes, rules, or methods for mental acts or games. |
Presentation of Information | Mere presentation of data. |
Topography of Integrated Circuits | Layout designs of integrated circuits. |
Traditional Knowledge | Known properties or aggregations of traditional components. |
6. Patent Application
The procedure of obtaining a patent involves several steps which are given below. This patent filing procedure ensures a thorough scrutiny of the applications
1. Filing: Applicants file with the Indian Patent Office, choosing from
Ordinary Application: Direct filing without priority.
Convention Application: Claims priority from an application in a convention country.
PCT National Phase Application: Filed within 31 months of the priority date under the PCT.
Divisional Application: For inventions disclosed in the parent application but not claimed.
2. Publication: Applications are published 18 months after the filing or priority date.
3. Examination: A request for examination must be filed within 48 months of the priority date. The Controller examines the application for compliance.
4. Response to Objections: Applicants respond to the examination report within six months, extendable by three months.
5. Grant: If all requirements are met, the patent is granted and published in the Patent Journal.
7. Opposition Mechanisms
The Patents Act, 1970 provides two opposition mechanisms known as the pre-grant opposition and the post-grant opposition. These mechanisms ensure that only valid patents are granted
Pre-grant Opposition (Section 25(1)): Any person can oppose after publication but before grant, citing grounds like lack of novelty, inventive step, or industrial applicability.
Post-grant Opposition (Section 25(2)): An interested person can oppose within one year of the grant’s publication, on similar grounds.
8. Revocation and Surrender
A patent can be revoked on reasonable grounds where the patentees may surrender their patent voluntarily, subject to objections. These grounds are when
The patent was obtained wrongfully.
There is failure to work on the invention in India.
9. Compulsory Licenses
Compulsory licenses are crucial for ensuring access to essential medicines, especially under the 2005 amendment’s alignment with the Doha Declaration. Compulsory licenses may be granted after three years from the grant if
The public’s reasonable requirements are not met.
The invention is not available at an affordable price.
The patent does not work in India.
10. Government Use
The Central Government can use a patented invention for public purposes like defense or health without the consent of patentee with providing that royalties are paid. This ensures that public needs are met in critical situations.
11. Enforcement and Infringement
The doctrine of equivalents considers an invention infringing if it performs the same function in the same way to achieve the same result, even if not identical. Patentees can enforce their rights through courts, seeking
Injunctions: To stop infringing activities.
Damages: Compensation for losses.
Account of Profits: Recovery of profits made by the infringer.
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Historical Context and Amendments
The Patents Act, 1970, was based on the Ayyangar Committee’s recommendations, initially allowing only process patents for drugs, food and chemicals. The 2005 amendment, aligning with TRIPS, extended product patents to these sectors, significantly impacting pharmaceuticals by balancing innovation with public health through compulsory licensing. Other amendments (1999, 2002 & 2006) and rule changes (2012, 2013, 2014) have refined the Act.
Governing Body
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), headquartered in Kolkata with branches in New Delhi, Chennai and Mumbai, oversees the Act’s implementation. The Patent Information System and National Institute for Intellectual Property Management in Nagpur support its operations.
Recent Developments
In 2021, the Intellectual Property Appellate Board was abolished under the Tribunals Reforms Act, 2021 and “educational institution” was added as an applicant category under the Patents (Amendment) Rules, 2021.
Summary
The Patents Act, 1970, is a vital framework for protecting intellectual property in India, fostering innovation while ensuring public access to new technologies. The key concepts in patent law i.e. from patentability criteria to enforcement mechanisms, create a balanced system that supports inventors and society where understanding these concepts is essential for inventors, businesses and policymakers navigating India’s intellectual property landscape.
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Key Concepts in Patent Law: FAQs
Q1. What are the key concepts in patent law?
Patent law revolves around granting exclusive rights to inventors for novel, non-obvious and useful inventions for 20 years and balances incentivizing innovation with public access to new technologies through disclosure requirements.
Q2. What are the concepts of patent?
A patent is a legal right to exclude others from making, using, or selling an invention that is novel, non-obvious and industrially applicable. It encourages innovation by providing temporary monopoly rights in exchange for public disclosure.
Q3. What are the key aspects of patent law?
Patent law governs the protection of inventions through criteria like novelty, inventive step and industrial applicability. It includes processes for filing, examination, enforcement and addressing infringement or invalidity.
Q4. What are the basic principles of patent law?
Patent law is built on principles of exclusivity, requiring inventions to be new, non-obvious and useful. It promotes innovation by granting time-limited monopolies while mandating disclosure to advance public knowledge.
Q5. What are the key characteristics of a patent?
A patent is characterized by its novelty, non-obviousness and utility, granting the inventor exclusive rights for a limited period (usually 20 years). It requires full disclosure of the invention to enable public use post-expiration.
