The Patents Act, 1970 was shaped by a report from a group called the Ayyangar Committee, which suggested that, at first, only “process patents” (patents for how something is made) should be allowed for things like medicines, food, and chemicals, but not “product patents” (patents for the actual items). The main goal of this law is to encourage people to invent new things by giving them exclusive rights to their creations, while also making sure these rights don’t harm the public, especially when it comes to things like health and food. Over time, the law has been updated to match global rules, especially something called the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). A big update in 2005 allowed product patents for medicines, food, and chemicals, and added rules for “compulsory licensing” to make sure essential medicines are available to people who need them. This article explains the key principles of patent law along with its features.
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What are the Core Principles of Patent Law?
The Patents Act, 1970, is all about encouraging people to come up with new ideas while also looking out for society’s needs. It gives inventors exclusive rights to their inventions, but it makes sure those rights don’t hurt the public. Section 83 of Patents Act lays out the main principles to guide how patents should work. These ideas include making sure inventions are used in India, stopping companies from just importing patented products, spreading new technology, protecting public health, letting the government step in for health reasons, preventing misuse of patents, and keeping patented products affordable for regular people. Patents last for 20 years, must be new and useful in some industry, and the law was updated in 2005 to match global standards, including for medicines.
The Act spells out its guiding principles in Section 83, which acts like the foundation for how patents are handled. Here’s what these principles mean in simple terms:
Encouraging Inventions and Using Them in India: Patents are given to make sure new inventions are actually used in India, not just sitting on a shelf. The idea is to have these inventions made and sold in India without unnecessary delays, which helps boost local businesses and the economy.
Stopping Monopolies Based on Importing: The law doesn’t want patents to be used just so someone can control the market by importing products from other countries. Instead, it encourages companies to make those products in India, which helps create jobs and reduces reliance on foreign goods.
Spreading New Technology: The law wants to encourage new ideas and make sure new technology spreads to others. It balances the rights of the person who owns the patent with their responsibility to help society by sharing their technology, which helps the economy and people’s lives.
Protecting Public Health and Nutrition: Patents shouldn’t get in the way of keeping people healthy or making sure they have enough food. The law makes sure that patents don’t block access to things that are critical for health or food security.
Letting the Government Act for Public Health: If there’s a health emergency or a big need, the government can step in and take actions, even if it means going against a patent. This ensures that public health comes first, especially for things like life-saving medicines.
Preventing Misuse of Patents: The law stops patent owners from using their rights in ways that hurt competition or block the sharing of technology with other countries. It’s about keeping things fair and encouraging global cooperation.
Keeping Patented Products Affordable: When someone gets a patent, they have to make sure their invention is available to the public at prices that aren’t too high. This is especially important for things like medicines, so everyone can afford them.
What Can Be Patented and What Rights Do You Get?
To get a patent under this law, an invention has to meet three main requirements:
Novelty: The invention has to be brand new. It can’t have been shown or used publicly before the person applies for the patent.
Inventive Step: The invention can’t be something obvious that anyone skilled in that field would come up with. It needs to be a real step forward.
Industrial Application: The invention has to be something that can be made or used in some kind of industry. It needs to have a practical use.
When someone gets a patent, they get specific rights:
For a process patent (how something is made): The patent owner can stop others from using that process, selling products made with it, or importing those products into India.
For a product patent (the actual item): The patent owner can stop others from making, using, selling, or importing that product in India.
A patent lasts for 20 years from the day the application is filed. If the patent is part of an international application through something called the Patent Cooperation Treaty (PCT), the 20 years starts from the international filing date.
Read about Compulsary License Patent in India.
Things That Can’t Be Patented
The Patents Act, 1970 in India outlines what cannot be patented under Section 3 to ensure that certain things, like frivolous claims, discoveries, or harmful inventions, don’t get exclusive rights. Here’s a simple breakdown of what cannot be patented, written in an easy-to-understand way, based on the Act:
Frivolous or Impossible Inventions (Section 3(a)): You can’t patent something silly or that goes against basic scientific laws, like a machine that claims to create energy from nothing (e.g., perpetual motion machines).
Inventions Harmful to Public Order or Morality (Section 3(b)): Inventions that could hurt people, animals, plants, or the environment, or go against moral standards, like human cloning or dangerous biological weapons, aren’t patentable.
Discoveries, Not Inventions (Section 3(c)): You can’t patent something you just found in nature, like a new plant, mineral, or a scientific principle (e.g., gravity). Only actual inventions qualify.
New Forms of Known Substances Without Better Results (Section 3(d)): You can’t patent a new version of an existing substance (like a new form of a drug) unless it works significantly better. For example, a new salt of a known medicine won’t get a patent unless it’s more effective.
Simple Mixtures Without Special Effects (Section 3(e)): Combining known ingredients in a basic way, like mixing sugar and water, isn’t patentable unless the mix creates a unique effect beyond what the ingredients do alone.
Basic Combinations of Known Devices (Section 3(f)): You can’t patent just putting together existing devices that work the same way they always did, like attaching a flashlight to a radio without any new function.
Agricultural or Horticultural Methods (Section 3(h)): Traditional farming or gardening techniques, like planting crops a certain way, can’t be patented, though new machines for farming might be.
Medical or Veterinary Treatments (Section 3(i)): Methods to treat humans or animals, like surgeries or diagnostic tests, can’t be patented. This includes anything meant to cure, prevent, or improve health in people or animals.
Plants, Animals, and Their Biological Processes (Section 3(j)): You can’t patent whole plants or animals (including seeds or breeds), except for microorganisms. Natural ways of growing plants or breeding animals are also excluded.
Mathematical Methods, Business Methods, or Software Alone (Section 3(k)): Pure math, business ideas, or computer programs by themselves can’t be patented. For example, a new algorithm or a way to run a business isn’t patentable unless it’s tied to specific hardware that makes it work uniquely.
Creative Works (Section 3(l)): Things like books, music, paintings, movies, or other artistic creations can’t be patented (these are covered by copyright instead).
Mental Processes or Game Rules (Section 3(m)): You can’t patent ways of thinking, strategies, or rules for games, like a new chess strategy or a mental math trick.
Ways of Presenting Information (Section 3(n)): Formats for showing data, like charts or database layouts, can’t be patented.
Integrated Circuit Designs (Section 3(o)): The layout of electronic chips (called topography) can’t be patented, as they’re protected under a different law.
Traditional Knowledge (Section 3(p)): You can’t patent something already known in traditional practices, like using turmeric for healing, or simple combinations of known traditional ingredients.
Under Section 4, inventions related to atomic energy are also not patentable, as they’re considered sensitive for national security.
These rules ensure that patents are granted only for truly new, useful, and non-obvious inventions that don’t harm society or block access to essential things like health or traditional knowledge. For the latest details, check the guidelines from the Indian Patent Office, as cases like Novartis AG v. Union of India have shaped how these rules are applied, especially for drugs.
Summary
The Patents Act, 1970, is a well-thought-out law that encourages people to invent new things while making sure those inventions don’t hurt society. Its key ideas, listed in Section 83, ensure that patents help drive innovation and technology while keeping public needs like health, affordability, and access in mind. The updates, especially in 2005, have helped India align with global standards, creating a strong system for intellectual property that benefits both inventors and the public.
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Principles of Patent Law: FAQs
Q1. What are the principles of patent law?
Patents encourage innovation, promote local production, spread technology, protect public health, prevent misuse, and keep products affordable.
Q2. What are the 7 steps in the patent process?
Invention disclosure, patentability search, drafting application, filing with patent office, examination, responding to objections, and patent grant.
Q3. What are the 4 types of patents?
Utility patents (for new machines/processes), design patents (for new designs), plant patents (for new plant varieties), and provisional patents (temporary protection).
Q4. What are the basic principles of IPR?
IPR promotes creativity, rewards inventors, ensures public access, balances rights with societal needs, and prevents abuse of intellectual property.
Q5. What is the rule 7 of patent rules?
Rule 7 of the Patents Rules, 2003, specifies fees for filing patent applications and other processes, as listed in the First Schedule.
