Law relating to patents in India is primarily governed by the Patents Act, 1970 and aim to foster innovation by granting inventors exclusive rights for 20 years. The law ensures inventions are novel, non-obvious, and industrially applicable, while excluding areas like medical methods and traditional knowledge. Recent amendments, notably in 2024, streamline processes with faster examination timelines and digital filing, aligning with global standards. By balancing inventor rights with public interest, the patent framework supports technological advancement and economic growth, making it a vital component of the country's intellectual property ecosystem.
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Law Relating to Patents in India Overview
Patent law in India is designed to protect inventors by granting them exclusive rights to their creations, encouraging innovation while ensuring public access after the patent expires. The main law is the Patents Act, 1970, which has been updated several times, with significant changes in 1999, 2002, 2005, and most recently in 2024.
What Can Be Patented?
Patents protect inventions that meet specific criteria, offering exclusive rights to the inventor for a limited period. Understanding these requirements is crucial for determining patent eligibility.
Novel: Not previously disclosed to the public.
Involving an Inventive Step: Not obvious to someone skilled in the field.
Capable of Industrial Application: Useful in industry.
However, certain things cannot be patented, such as:
Discoveries, scientific theories, or mathematical methods.
Literary, dramatic, musical, or artistic works.
Methods of agriculture, horticulture, or medical treatments for humans/animals.
Plants, animals (except microorganisms), and traditional knowledge.
A new form of a known substance without significant efficacy improvement.
Patent Duration and Process
Securing a patent involves a structured process and adherence to specific timelines. Once granted, patents have a defined duration to balance innovation and public access.
Filing a provisional or complete application.
Examination by the patent office to check eligibility.
Publication in the Patent Journal for public review.
Potential opposition (pre-grant or post-grant) before grant.
Enforcement and Recent Updates
Patents can be enforced through civil courts, seeking injunctions or damages. Recent 2024 amendments, effective from March 15, 2024, include:
Reducing the examination request timeline from 48 to 31 months.
Simplifying reporting with a single Form 3 after the First Examination Report.
Introducing a Certificate of Inventorship to recognize inventors.
Streamlining opposition processes and promoting digital filing.
These changes aim to make the system more efficient and innovation-friendly and they also align with international standards.
Patentable Subject Matter and Exclusions
Under the Patents Act, 1970, an invention must satisfy three criteria for patentability. The three criteria are as follows:
Novelty: Novelty must not have been disclosed to the public before the filing date.
Inventive Step: It must involve a non-obvious advancement over existing knowledge, not evident to a person skilled in the art.
Industrial Application: It must be capable of being made or used in industry.
However, Sections 3 and 4 of the Act list non-patentable subject matter, including:
Discoveries, scientific principles, or mathematical methods.
Literary, dramatic, musical, or artistic works (protected under copyright law).
Methods of agriculture or horticulture.
Medical, surgical, curative, prophylactic, diagnostic, therapeutic, or other treatment methods for humans or animals.
Plants and animals in whole or any part thereof, except microorganisms, including seeds, varieties, and species.
A mere discovery of a new form of a known substance without enhanced efficacy, or a substance obtained by mere admixture.
The mere arrangement, re-arrangement, or duplication of known devices.
Traditional knowledge, nuclear transformations, and inventions relating to atomic energy.
This exclusion list ensures that patents do not hinder public health, environmental safety, or access to traditional knowledge, reflecting a balance between innovation and societal interests.
Patent Duration and Term
The term of a patent in India is uniformly 20 years from the date of filing the application which also aligns with the TRIPS agreement. This duration ensures inventors have sufficient time to commercialize their inventions while eventually allowing public access, fostering further innovation.
Application Process
The patent application process consists of filing, examination, publication, opposition and grant. Given below is an explanation for these:
Filing: Applicants can file a provisional application to establish priority, which is followed by a complete application within 12 months and alternatively, a complete application can be filed directly.
Examination: The patent office examines the application to ensure compliance with patentability criteria. Applicants must request examination within 31 months from the priority date (reduced from 48 months under the 2024 amendments).
Publication: If found in order, the application is published in the Patent Journal, typically 18 months after filing, for public review.
Opposition: Pre-grant opposition can be filed by any person after publication, and post-grant opposition within 12 months of grant. The 2024 amendments introduced a fee for pre-grant oppositions which streamlines the process.
Grant: If no valid oppositions are upheld, the patent is granted, with the certificate now including a Certificate of Inventorship under the 2024 rules.
The process is supported by digital platforms, with recent amendments promoting online filing and management which enhances accessibility for applicants.
Enforcement Mechanisms
Patents are territorial and enforceable only within India. Enforcement is through civil courts, typically not below the District Judge level, with special jurisdiction for High Courts in cities like Delhi, Chennai, Kolkata, and Mumbai for suits valued above prescribed limits (e.g., Rs. 2 Crore in Delhi). Remedies include:
Preliminary and final injunctions, available on ex parte or inter partes basis, based on prima facie case, balance of convenience, and irreparable injury.
Damages or account of profits for infringement.
No public interest defense is explicitly available to prevent injunctions for life-saving drugs, though courts may consider equitable factors.
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Summary
Law relating to patents in India is governed by the Patents Act, 1970 and the 2024 amendments, which offers a robust framework for protecting innovations while balancing public interest. It encourages inventors through exclusive rights, streamlined processes, and global alignment along with ongoing efforts to address challenges and foster a conducive innovation ecosystem.
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Law Relating to Patents in India: FAQs
Q1. What are the laws related to patents in India?
The Patents Act, 1970, amended in 1999, 2002, 2005, and 2024, governs patents, ensuring protection for novel, non-obvious, and industrially applicable inventions.
Q2. What is the Patent Act 2005 in India?
The Patents (Amendment) Act, 2005, aligned India with TRIPS, introducing product patents for drugs, agrochemicals, and food, effective from January 1, 2005.
Q3. What is the patent law treaty in India?
India is not a signatory to the Patent Law Treaty (PLT). Patent law is governed domestically by the Patents Act, 1970, and its amendments.
Q4. What is the legislation for patents?
The primary legislation is the Patents Act, 1970, with rules updated in 2024, regulating patent eligibility, application, grant, and enforcement in India.
Q5. What are the 4 types of patents?
India recognizes three main types: Utility Patents: For new processes, machines, or compositions; Design Patents: For ornamental designs of articles; Plant Patents: For new plant varieties (limited scope in India); A fourth type, software patents, is allowed only if tied to hardware with technical advancement.
