A patent is a form of intellectual property. It grants the inventor some exclusive rights over an invention, preventing others from making, using, or selling that invention without the inventor's consent. Patents are offered by national patent offices; in India, the Patents Act, 1970 governs the law surrounding patents. Patent protection is an important factor, and it has its duration. Such duration is often termed patent life. In India, patent life is an essential factor that affects the value of a patent, commercial exploitation, and innovation or business strategy.
What is Patent Life?
The patent life is simply the period within which the patent holder has the sole right to prevent others from making, using, selling, or distributing the patented invention without their permission. Thus, once the patent life expires, the invention would enter the public domain so that anyone can use the invention freely, which encourages more innovation and competition.
The period for which a patent remains in force varies according to the type of patent, the jurisdiction under which the patent was granted, and whether any maintenance fees are paid to keep the patent in force.
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Types of Patents and Their Duration in India
In India, patents are granted to inventions, which meet certain criteria like novelty, inventive step, non-obviousness, and industrial applicability. The Patents Act, 1970 classifies patents as per the nature of inventions. Each category of patents has a set of rules for it, which includes patent life or duration. Now, let's get into each category of patents in India, including their durations:
1. Standard Patent
Definition: A Standard Patent is the most commonly granted patent for any new invention in any field of technology. For a patent to be granted, it should have novelty, inventive step, and industrial application.
Period: 20 years from the date of filing of the patent application (and not from the date of grant). This term is usual under the TRIPS Agreement or Trade-Related Aspects of Intellectual Property Rights, requiring a minimum of 20 years for patent protection.
Renewal: There must be an annual payment of renewal fees for a patent to be kept in existence for the duration of 20 years. Nonpayment of these fees causes patent lapse.
2. Utility Model Patent or Petty Patent
Definition: Utility models are not a distinct class in India, whereas they exist in some countries, like Germany or Japan. Yet, the term "utility model" is sometimes used for minor inventions that improve already existing products. Such minor inventions may not fulfil the rigid requirement of an "inventive step" for a regular patent but have functional utility.
Term: Utility models, when available, tend to have a shorter term compared to ordinary patents. Utility models exist in countries and their term is between 6 and 10 years; India does not provide a specific utility model system.
Alternative: In India, these inventions may be protected under the general patent provisions.
3. Design Patent (Industrial Design)
Definition: A design patent or industrial design protects the aesthetic appearance of an article rather than its technical features. It covers the shape, configuration, pattern, or ornamentation applied to a product, provided it is new and original.
Duration: In India, the protection of an industrial design is 10 years from the date of registration, which can be further extended by another 5 years, thus giving a total term of 15 years.
Eligibility: A design should be novel and original and not functional; thus, it should focus on mere appearance and not the utility or technical aspects of the product.
4. Pharmaceutical Patents
Definition: These are patents specifically related to new pharmaceutical inventions or compounds. Patents on pharmaceutical products and formulations in India are an important part of the patent system. It is often beset with special regulatory and public interest concerns.
Duration: 20 years from the filing date of the patent application, just like other standard patents.
Key Consideration: The Indian Patents Act makes compulsory licensing of pharmaceutical patents available under certain circumstances. This is when the drug is not available at a reasonable price. This provision will balance the interests of the patent holder with public health needs.
5. Plant Variety Protection (Plant Patents)
Definition: In India, plant varieties are not protected by traditional patents. Instead, India protects the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, which grants rights to breeders of new plant varieties.
Duration: The protection for plant varieties is provided for 15 years for varieties of trees and vines, and 18 years for other varieties.
Note: The PPV&FR system is separate from patents but has a similar function in safeguarding new plant varieties.
6. Patent for Biological Inventions (Micro-organisms, Biotech Patents)
Definition: The Patents Act, of 1970 allows inventions of biotechnology to be patented, including GMOs, micro-organisms, and biotechnological processes. Such patents are liable to the same patentability requirements as other inventions, but they have to meet special bioethical requirements.
Duration: 20 years from the date of filing, just like ordinary patents.
Key Issues: Biotech patents are associated with many problems, including ethical issues and the danger of monopolizing basic genetic resources. Indian law has provisions to avoid patenting traditional knowledge and biodiversity, such as the Biodiversity Act, 2002.
7. Software Patents
Definition: In India, software per se cannot be patented. However, software combined with hardware, or software that results in a novel, technical solution, can be patented if it meets the usual patent requirements of novelty, inventive step, and industrial applicability.
Duration: 20 years from the filing date, same as other standard patents.
Challenges: The protection of software patents is a complex issue due to the "software patentability" criteria, which often necessitate proving a technical contribution rather than just being a business method or abstract idea.
8. International Patents (Patent Cooperation Treaty, PCT Patents)
Definition: The Patent Cooperation Treaty (PCT) is the international treaty that allows countries to file patents in any one of the member countries from the same application. In case of India, it signed an agreement with PCT; therefore, Indian applicants also seek international patents through the system.
Duration: PCT filing will not provide patents but deferments of national filings of their applications and extend time on examination. The term of protection in each country is still normally 20 years from the filing date, with national renewal fees being required.
Also, Get to Know What are the steps involved in Patent Registration Process In India
Key Observations on Patent Life
The patent term in India is a very important aspect of protecting inventions and promoting innovation. Key observations indicate that the standard 20-year duration, renewal requirements, compulsory licensing provisions, and industry-specific factors affect patent life and its commercial impact.
Renewal Fees
Patents in India attract annual renewal fees to keep it valid during the term. Renewal fees are cumulative and the patentee has to pay a certain amount every year. Patentees have to weigh the commercial value of the invention to decide whether to continue the patent or not.
Compulsory Licensing
As per Section 84 of the Patents Act, 1970, the government can issue compulsory licenses after three years of the grant of the patent if the patented invention is not being worked in India or if the patented invention is not available to the public at an affordable price. This may affect the exclusivity and commercial utility of a patent before the full term of 20 years.
Patent Term Adjustments
India does not have a formal system of granting patent term adjustments for regulatory delays, such as those in the pharmaceutical industry, but the term of a patent may be effectively shortened in the event that the examination or granting process takes too long.
Also, Get to Know Inventions Not Patentable under Section 3 of the Indian Patent Act
What Happens When Patent Life Expires?
When a patent life runs out, after 20 years from its filing date, the invention goes into the public domain, that is:
Loss of Exclusivity: The patent owner loses his exclusive rights over the invention. It implies that others are free to use, make, sell, or distribute the invention without permission from the patent owner.
Free Use by Others: Any competitor and the public can freely use the patented technology or product. This fosters innovation and competition, as other persons can work on and better the original invention.
No Renewal Fees Further: Upon expiration, no more renewal fees are needed, and the invention is no longer protected by the patent law.
Potential for Generic Versions (In Pharmaceuticals): Once a patent expires in the pharmaceutical field, generic versions of drugs are allowed to be developed and sold, often resulting in reduced drug prices and greater access.
Public Disclosure: The invention is publicly disclosed by a patent, and others are free to analyze the information, which can spur future development in the technology or the field.
Impact on Market Exclusivity: This can result in losing market exclusivity. Such exclusivity affects pricing, competition, and market share in pharmaceuticals, technology, and manufacturing, among others.
In a nutshell, the expiration of patent life makes the invention public domain, and it is freely used by others, thus enhancing innovation.
Checkout the Complete Patentability Criteria in India
Summing Up
The duration of patent protection is usually 20 years from the date of filing in India for most inventions, such as standard patents, pharmaceutical patents, and biotech inventions. However, design patents last for 10 years, with a possible extension of 5 more years, and plant varieties are protected for 15 to 18 years depending on the type. Patent holders need to keep the patents by paying renewal fees and managing their intellectual property rights strategically to maximize the benefits within the granted duration.
Understanding the various types of patents and their respective durations is essential for innovators, businesses, and legal professionals navigating India's patent landscape.
FAQs on Patent Life
Q1. What is the duration of a patent in India?
The standard patent duration in India is 20 years from the filing date.
Q2. Can a patent be renewed after 20 years in India?
No, patents in India expire after 20 years and cannot be extended.
Q3. What happens if I don't pay the renewal fee for my patent?
If the renewal fee is not paid, the patent will lapse before the full term of 20 years.
Q4. Can a patent be revoked in India?
Yes, a patent can be revoked through opposition or legal proceedings if it doesn’t meet patentability criteria.
Q5. What is compulsory licensing?
Compulsory licensing allows third parties to use a patented invention without the patent holder's consent under certain conditions, affecting exclusivity.
